Lalji vs State Of U.P. And Another
2015 Latest Caselaw 2938 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 53
 
Case :- APPLICATION U/S 482 No. - 29896 of 2015
 
Applicant :- Lalji
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Rajiv Lochan Shukla
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Ramesh Sinha,J.

Heard Sri Anand Prakash Tiwari, Advocate, holding brief of Sri Rajiv Lochan Shukla, learned counsel for the applicant and Sri Ripusudan Yadav, learned A.G.A. appearing for the State and perused the record.

This application under Section 482 Cr.P.C. has been filed for quashing the order dated 11.05.2015, passed by the learned Additional District and Sessions Judge, Court No.4, District Etawah, in Sessions Trial No. 269 of 2013 (State Vs. Shiv Kumar), arising out of Case Crime No. 32 of 2013, under Section 307 IPC, Police Station Lavedi, District Etawah.

I have gone through the 482 Cr.P.C. application along with the affidavit filed in support of the application as well as the impugned order and the material brought on record, I do not find that the impugned order suffer from any, illegality, or infirmity, requiring any interference by this Court. The learned trial Court after noticing that there was legally admissible evidence on record indicating at the complicity of the application in the commission of offence, summon the applicant under Section 319 Cr.P.C. to face trial for the aforesaid offence.

Hence, the prayer for setting-aside the impugned order is hereby refused.

However, it is directed that if the applicant appear and surrender before the court below within two weeks from today and apply for bail, their prayer for bail shall be considered and decided expeditiously.

It is made clear that, if  applicant does not appears before the court below within the aforesaid period,the court below will at liberty to take coercive action against them.

With the aforesaid observations, the 482 Cr.P.C. application stands disposed of.

Order Date :- 6.10.2015/VKG