Abid Ali & Ors. vs State Of U.P. & Anr.
2019 Latest Caselaw 6241 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 11
 

 
Case :- U/S 482/378/407 No. - 4344 of 2019
 

 
Applicant :- Abid Ali & Ors.
 
Opposite Party :- State Of U.P. & Anr.
 
Counsel for Applicant :- Pawan Kumar Mishra,Rajendra Prasad Lodhi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Rajeev Singh,J.

Heard, learned counsel for the applicants, learned A.G.A. for the State and perused the material available on record.

This application under Section 482 Cr.P.C. has been filed by the applicants for quashing the impugned summoning order dated 04.08.2018 passed by the court of learned Additional Chief Judicial Magistrate, Court No.1, Lakhimpur Kheri in Case No.2473 of 2017, under Section 420 I.P.C. Police Station Nighasan, District Kheri as well as order dated 16.02.2019 passed by the learned revisional court in Criminal Revision No.138 of 2018.

Learned counsel for the applicants has submitted that he does not want to press this application on behalf of the applicant Nos. 1, 2 and 3. The prayer is allowed.

The application is, therefore, dismissed as not pressed on behalf of applicant Nos. 1, 2 and 3.

In so far as applicant No.4 is concerned, learned counsel applicant further submitted that the applicant No.4 Daya Shanker has been falsely implicated in the impugned prosecution and on the basis of concocted facts mentioned in the complaint as well as statement under Section 200 and 202 Cr.P.C. the summoning order has been passed and the revisional court also rejected the revision.

After arguing the matter up to some length, learned counsel for the applicant No.4 submits that he does not want to press this application on merit and he confines his prayer only to the extent that applicant No.4 may be permitted to surrender and move bail application, before the court concerned and suitable directions may be issued that same may be heard and decided expeditiously, in accordance to law.

Learned A.G.A. has no objection in grant of aforesaid prayer.

In view of above, it is provided that if the applicant No.4 surrenders before the courts below within thirty days from today, and applies for bail, his application for bail shall be considered and decided by the courts below in view of the settled law laid down by the Full Bench of this Court in the case of Amrawati & Another Vs. State of U.P. reported in 2004 (57) ALR 290, as affirmed by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).

It is made clear that this order shall not be treated as an implied direction of this Court to grant bail to the applicant and the court concerned shall be at liberty to pass appropriate order in accordance to law.

Till the aforesaid period of thirty days, no coercive measures shall be taken against the applicant No.4 in the aforesaid case.

With above directions this application stands disposed of.

Order Date :- 9.7.2019

Amit/-