Ashish & Anr. vs State Of U.P. & Anr.
2017 Latest Caselaw 1175 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 15
 
Case :- U/S 482/378/407 No. - 3371 of 2017
 
Applicant :- Ashish & Anr.
 
Opposite Party :- State Of U.P. & Anr.
 
Counsel for Applicant :- Alok Srivastava,Hansraj Verma
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Dr. Kaushal Jayendra Thaker,J.

1.  Heard learned counsel for the applicant and learned A.G.A. for the State.

2.  This application under Section 482 Cr.P.C. has been filed for staying  the further proceedings of Special Case No. 63 of 2016 ( State Versus Ashish and another) arising out of Case Crime No. 119 of 2016, under Section 354A, 323 IPC and Sections 7/8 of the Protection of Children from Sexual Offences Act, 2012 , Police Station Tarabganj, District Gonda  pending before Court of 1st Additional Sessions Judge, Gonda.

3.  Learned counsel for applicant states that summoning order dated 12th September, 2016 passed by learned Vth Additional Sessions Judge, Gonda (annexed as Annexure No.2 to the petition) is bad in eye of law. It is next submitted that there were no injuries on the body of the prosecutrix, therefore, summoning order being passed without application of mind. 

4.  I do not find any reason to interfere with the well reasoned order passed by Court below,  summoning accused to face trial and therefore, charge sheet as well as summoning order in the aforesaid case cannot be quashed as requested by learned counsel for applicant.

5.  In view of the above, this petition is without merits and no ingredients which would permit this Court to even issue notice on respondent are made out, hence this petition is dismissed.

6.  Petitioner who is avoiding service of summons but if he chose then he may pray for bail which may be considered by the concerned Court in its proper prospective. 

Order Date :- 24.5.2017

Mukesh