Mandeep Kumar Bhawa @ Manna & ... vs State Of U.P. & Another
2021 Latest Caselaw 68 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 29
 
Case :- U/S 482/378/407 No. - 3009 of 2020
 
Applicant :- Mandeep Kumar Bhawa @ Manna & Another
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Applicant :- Jitendra Bahadur,Shobh Nath Yadav
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Alok Mathur,J.

1. Heard learned counsel for the applicants, learned A.G.A. for the State.

2. This application has been filed by the applicant for setting aside the impugned summoning order dated 06.01.2020 passed by the 2nd Additional Session Judge SC/ST Act, Lakhimpur Kheri in Special Session Case No 28/2020 State Vs. Mandeep Kumar & others) under Section - 323, 504 I.P.C. & 3(1) Da, 3(1) Dha SC/ST ACt, Police Station Maigalganj, District - Kheri.

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

6. 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 namely Mandeep Kumar Bhawa @ Manna and Ranjeet surrender 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 :- 4.1.2021/Ravi/