Lokendra Pratap Singh vs State Of U.P. & Another
2019 Latest Caselaw 2691 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?A.F.R. 
 
Court No. - 11
 

 
Case :- U/S 482/378/407 No. - 2583 of 2019
 

 
Applicant :- Lokendra Pratap Singh
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Applicant :- Ramakar Shukla
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Shashi Kant,J.

In view of the order proposed to be passed there is no need to issue notice to the opposite party no. 2.

Heard Shri Ramakar Shukla, learned counsel for the applicant, and Shri Ajai Kumar Srivastava, learned A.G.A. for the State.

This application under Section 482 Cr.P.C. has been filed for quashing the impugned order dated 25.08.2018 passed by Additional Sessions Judge/FTC-II, Sultanpur in Sessions Trial No. 319 of 2011, State v. Ram Kumar & Ors., arising out of Case Crime No. C-15 of 2017 under Section 364 IPC, Police Station Kotwali Nagar, District Sultanpur whereby the applicant has been summoned under the provisions of Section 319 Cr.P.C.

Learned counsel for the applicant has contended that the impugned order is bad in law due to non application of mind as is evident from the perusal of the impugned order that no any section has been mentioned in the impugned order under which the applicant has been summoned to face trial. As such the impugned order is liable to be quashed.

Learned A.G.A. has opposed the above contentions but conceded that no section has been mentioned in the impugned order under which the applicant has been summoned for trial.

In view of the above referred arguments of the learned counsel for the parties and perusal of the impugned order I am of the considered view that the impugned order has been passed without application of mind as no any section has been mentioned in the order under which the applicant has been summoned to face trial.

For the aforesaid reasons, the impugned order dated 25.08.2018 passed by Additional Sessions Judge/FTC-II, Sultanpur in Sessions Trial No. 319 of 2011, State v. Ram Kumar & Ors., is not sustainable in the eye of law and is liable to be quashed.

Accordingly, the application is allowed and the impugned order dated 25.08.2018 passed by Additional Sessions Judge/FTC-II, Sultanpur in Sessions Trial No. 319 of 2011, State v. Ram Kumar & Ors., annexure no. 1, is hereby quashed. Matter is remanded back to the Court below to pass fresh order on the application under Section 319 Cr.P.C. in accordance with law after hearing the parties except to the applicant i.e. proposed accused.

Order Date :- 9.4.2019

Deepak