Akhilesh vs State Of U.P. And Another
2019 Latest Caselaw 5387 ALL

Citation : 2019 Latest Caselaw 5387 ALL
Judgement Date : 12 June, 2019

Allahabad High Court

Akhilesh vs State Of U.P. And Another on 12 June, 2019

Bench: Pradeep Kumar Srivastava




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 3
 
Case :- APPLICATION U/S 482 No. - 22311 of 2019
 
Applicant :- Akhilesh
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Dharmendra Kumar Shukla,Uma Nath Pandey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Pradeep Kumar Srivastava,J.

Heard Sri Vijai Pratap Singh holding brief of Sri Uma Nath Pandey, learned counsel for the applicant, learned A.G.A. for the State and perused the record.

This application under Section 482 Cr.P.C. has been filed with the prayer to quash the proceedings pursuant to summoning order dated 03.10.2018 passed by Chief Judicial Magistrate, Sant Kabir Nagar in Complaint Case No. 2056 of 2013 (Sarita Vs. Akhilesh & others), under Sections 452, 427, 323 IPC, P.S. Khalilabad, District Sant Kabir Nagar, pending in the court of Chief Judicial Magistrate, Sant Kabir Nagar.

Submission of learned counsel for the applicant is that against the summoning order passed by learned trial court, an application was given before this Court and in that case, stay order dated 04.2.2016 was passed by this Court. Subsequently, on 03.10.2018, in view of order of Hon'ble Supreme Court considering the fact that stay order was passed on 04.2.2016 and more than six months was already passed and there was no order showing the stay order was still effective, the learned trial court in pursuance of earlier summoning order, issued summons against the applicant.

Since the initial summoning order was in existence, there appears to be no misuse of process of court in simplyissuing the summons for appearance of applicant. In view of this, I find no valid reason to interfere with the impugned summoning order.

Accordingly, application is finally disposed of with the direction that if the applicant surrenders before the court below within a month from today and applies for bail, his bail application will be considered and disposed of by the learned trial court in accordance with law expeditiously preferably on the same date.

Order Date :- 12.6.2019

RCT/-