Sudhir Kumar Dwivedi & Anr. vs State Of U.P. & Anr.
2021 Latest Caselaw 912 ALL

Citation : 2021 Latest Caselaw 912 ALL
Judgement Date : 13 January, 2021

Allahabad High Court

Sudhir Kumar Dwivedi & Anr. vs State Of U.P. & Anr. on 13 January, 2021

Bench: Irshad Ali




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 27
 
Case :- MISC. SINGLE No. - 840 of 2021
 
Petitioner :- Sudhir Kumar Dwivedi & Anr.
 
Respondent :- State Of U.P. & Anr.
 
Counsel for Petitioner :- Satish Kumar
 
Counsel for Respondent :- G.A.
 
Hon'ble Irshad Ali,J.

Heard learned counsel for the petitioners and learned A.G.A. for the State-respondent.

By means of the present petition, the petitioners have prayed for quashing the impugned judgment and order dated 22.9.2020 passed by the court of Sessions Judge in Criminal Revision No.27/2020 as well as the order dated 18.5.2019, passed by the Additional Chief Judicial Magistrate-III, Ayodhya (Faizabad) in Complaint Case No.10729/2017.

Submission of learned counsel for the petitioners is that there is no evidence to establish that a case has been made out under Section 406 IPC against the petitioners. He submits that on wholly erroneous and misconceived grounds and without any material evidence, the learned Magistrate has proceeded to summon the petitioners. He further submits that the order impugned has been passed on non-application of mind.

On the other hand, learned A.G.A. invited attention of this Court on the statement recorded under Sections 200 and 202 Cr.P.C. and submits that there was sufficient material to establish that the petitioners have committed a crime under Section 406 IPC. He further submits that the impugned order has been passed in a correct manner and does not suffer from any infirmity or illegality. The petitioners have a remedy to appear before the court concerned and apply for bail to contest the trial.

I have considered the submission advanced by learned counsel for the parties and perused the material on record.

On perusal of the statement recorded under Sections 200 and 202 Cr.P.C., prima facie, it is evident that there is sufficient material to establish a case under Section 406 IPC against the petitioners. In the opinion of the Court, the order impugned does not suffer from any infirmity or illegality.

The petition lacks merit and is hereby dismissed.

Order Date :- 13.1.2021

Gautam