Moti Lal & Ors. vs State Of U.P. & Anr.
2017 Latest Caselaw 1458 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 15
 
Case :- U/S 482/378/407 No. - 3707 of 2017
 
Applicant :- Moti Lal & Ors.
 
Opposite Party :- State Of U.P. & Anr.
 
Counsel for Applicant :- Rajesh Kumar
 
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.

This application under Section 482 Cr.P.C. has been filed for quashing the summoning order dated 19.9.2016 passed in Criminal Case No. 764 of 2016, under Sections 147, 148, 452, 504 and 506 IPC,  Police Station Alapur, District Ambedkar Nagar.

2.  Considering the facts and circumstances of the case, I am of the opinion that the offence certainly disclosed and the order passed by the learned Magistrate is strictly in accordance with law and the same does not suffer from any illegality, infirmity and irregularity which may call for any interference by this Court.

3.  However, it is directed that in case the applicants appear and surrender before the court below within four weeks 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. reported in 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.

4.  However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.

5.  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.

6.  It is further made clear that applicant no. 1 who is aged about 70 years shall not be dealt with forcibly. 

7.  With the aforesaid directions, this application is finally disposed of.

Order Date :- 30.5.2017/Mukesh