Harish Chand And Others vs State Of U.P. And Another
2019 Latest Caselaw 33 ALL

Citation : 2019 Latest Caselaw 33 ALL
Judgement Date : 22 February, 2019

Allahabad High Court

Harish Chand And Others vs State Of U.P. And Another on 22 February, 2019

Bench: Pradeep Kumar Srivastava




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 61
 

 
Case :- APPLICATION U/S 482 No. - 16214 of 2006
 

 
Applicant :- Harish Chand And Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Ravindra Nath Rai,A.K. Rai
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Pradeep Kumar Srivastava,J.

Heard Sri Ashok Kumar, learned counsel for the applicants, learned A.G.A. for the State and perused the record.

This application under Section 482 Cr.P.C. was filed with the prayer to quash the proceedings of Complaint Case No. 1369 of 2005: Ram Surat & others Vs. Harish Chandra & others, pending in the court of Chief Judicial Magistrate, Azamgarh, Court No. 24, under Sections 498-A, 323 IPC and 3/4 Dowry Prohibition Act.

From perusal of order dated 12.12.2006 passed by this Court, it appears that in respect of applicant nos. 2 and 3, the proceedings in the court below was stayed, but it was directed in respect of applicant no. 1-Harishchand that proceedings will continue to its logical consequences.

This case is pending for the last more than 13 years before the court below. The complaint case was filed against the applicants in the year 2005 and after taking evidence under Sections 200 and 202 Cr.PC, applicants were summoned for the said offence. The prayer that proceedings before the court below should be quashed is not justified so far as Section 482 Cr.P.C. is concerned.

The impugned order by which, applicants have been summoned seems to have been passed after due consideration to the evidence on record and there appears to be no justification for interference in the order, therefore, application is liable to be disposed of with the direction that if the applicants appear before the court below and apply for bail within a period of thirty days from the date of receipt of this order, the learned court below will consider the same and decide the bail application on the same date.

Petition is disposed of as above.

Order Date :- 22.2.2019

RCT/-