Allahabad High Court
Swami Nath @ Sahab And Others vs The State Of U.P. And Another on 5 October, 2015
Bench: Ramesh Sinha
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 53
Case :- APPLICATION U/S 482 No. - 6443 of 2013
Applicant :- Swami Nath @ Sahab And Others
Opposite Party :- The State Of U.P. And Another
Counsel for Applicant :- Sudeep Dwivedi
Counsel for Opposite Party :- Govt.Advocate
Hon'ble Ramesh Sinha,J.
Heard Sri Sudeep Dwivedi, learned counsel for the applicants, Sri Brajesh Shukla, learned counsel for the opposite party no.2 and Sri R. K. Maurya, learned A.G.A. appearing for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed for stay the effect and operation of the impugned summoning order dated 12.10.2012, passed by the learned Special Chief Judicial Magistrate, Allahabad as well as stay the further proceeding initiated in terms of the order dated 12.10.2012 against the applicants. He further prayed for quashing the impugned summoning order dated 12.10.2012 as well as the entire proceeding of the complaint Case No. 726 of 2012 (Suresh Kumar Vs. Swami Nath and others), under Sections 323, 504, 206 IPC, Police Station Phoolpur, District Allahabad.
The contention of learned counsel for the applicants is that no offence against the applicants are disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention.
Learned AGA has vehemently opposed the prayer for quashing the proceedings of summoning order dated 12.10.2012, and has submitted that the same do not suffer from any illegality or infirmity.
Considering the submissions advanced by the learned counsel for the parties and perused the impugned order. From a perusal of the impugned order, it is apparent that the learned Magistrate has passed the said order after having found prima-facie case made out against the applicants and cognizable offence is disclosed from the perusal of the complaint as well as the statement of the complainant and its witness recorded under Section 200 and 202 Cr.P.C.
In view of the above, no ground for quashing the summoning order dated 12.10.2012, as well as entire proceeding of the aforesaid case, is made out which may call for any interference by this Court in exercise of its inherent power under Section 482 Cr.P.C. as the same do not suffer from any illegality or infirmity.
The prayer for quashing the summoning order dated 12.10.2012, as well as entire proceeding of the aforesaid case, is hereby refused.
However, it is directed that in case the applicants appears and surrender before the court below within 30 days from today and applies for bail, their prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P.2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. reported in
However, in case, the applicants does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
It is made clear that the applicants will not be granted any further time by this Court for surrendering before the Court below as directed above.
With the aforesaid directions, this application is finally disposed of.
Interim order, if any, stands vacated.
Order Date :- 5.10.2015/VKG
