Mohd. Aneesh vs State Of U.P. & Another
2021 Latest Caselaw 1703 ALL

Citation : 2021 Latest Caselaw 1703 ALL
Judgement Date : 28 January, 2021

Allahabad High Court

Mohd. Aneesh vs State Of U.P. & Another on 28 January, 2021

Bench: Alok Mathur




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 27
 
Case :- U/S 482/378/407 No. - 370 of 2021
 
Applicant :- Mohd. Aneesh
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Applicant :- Arun Kumar Pandey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Alok Mathur,J.

1. Heard Sri Arun Kumar Pandey, learned counsel for the applicant, learned A.G.A. for the State.

2. This application has been filed by the applicant for setting aside the impugned order dated 06.10.2020 passed by Civil Judge (Jr. Div.) IIIrd/Judicial Magistrate Faizabad in Criminal Case No. 205/2020 (State Vs. Mohd. Aneesh) summoning the petitioners under Section 406, 323, 504, 506 I.P.C. and issued the B.W. order dated 30.10.2020 against the petitioner directly without serving the copy of summoning order upon the charge sheet submitted by the police under section 173 Cr.P. in case crime No. 66/2019 Police Station Inayat Nagar district Faizabad now Ayodhya, under Section 406, 323, 504, 506 I.P.C. on 23.03.2019.

3. From the perusal of the impugned charge sheet as well as record, no case for quashing the charge sheet is made out.

4. After arguing the matter at some length, learned counsel for the applicants restricts his prayer to grant appropriate relief in light of the judgment passed in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in [2009 (3) ADJ 322 (SC).

5. Learned A.G.A. has no objection to the aforesaid prayer.

6. In view thereof, it is provided that if the applicants namelyMohd. Aneesh surrenders before the Court below within four weeks' from today and apply for bail, the Court below will consider the same, in accordance with law in view of the observations made in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in [2009 (3) ADJ 322 (SC)]

7. For a period of four weeks', no coercive steps shall be taken against the applicant in the aforesaid case.

8. With the aforesaid observations, the present application stands disposed of.

(Alok Mathur, J.)

Order Date :- 28.1.2021/Ravi/