Daya Ram vs State Of U.P. & Another
2015 Latest Caselaw 619 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 58
 

 
Case :- APPLICATION U/S 482 No. - 12617 of 2015
 

 
Applicant :- Daya Ram
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Applicant :- Shailendra Kumar Rai
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble B. Amit Sthalekar,J.

Heard Sri Shailendra Kumar Rai, learned counsel for the applicant and learned AGA for the State and perused the record.

This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Complaint Case no.1233 of 2013, under Sections 354, 504, 506, 379 and 356 IPC, Police Station- Dildar Nagar, District- Ghazipur pending in the court of Judicial Magistrate, Ghazipur as well as summoning order dated 1.1.2015.

I have gone through the allegations made in the complaint as well as summoning order, I do not find any good ground for interference. Allegations corroborated by complainant in his evidence under Section 200 Cr.P.C. and 202 Cr.P.C.. The application is accordingly rejected.

However, it is directed that in case the applicant appears and surrenders before the court below within 30 days from today and applies for bail, his prayer for bail shall be considered and decided in view of the settled law laid down by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgment passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.

It is made clear that the applicant will not be granted any further time by this Court for surrendering before the Court below as directed above.

Order Date :- 21.5.2015

Ashish Pd.