Suresh Kumar & Ors. vs State Of U.P. & Anr.
2021 Latest Caselaw 6728 ALL

Citation : 2021 Latest Caselaw 6728 ALL
Judgement Date : 28 June, 2021

Allahabad High Court

Suresh Kumar & Ors. vs State Of U.P. & Anr. on 28 June, 2021

Bench: Alok Mathur




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 16
 
Case :- U/S 482/378/407 No. - 2113 of 2021
 
Applicant :- Suresh Kumar & Ors.
 
Opposite Party :- State Of U.P. & Anr.
 
Counsel for Applicant :- Gyanendra Mishra
 
Counsel for Opposite Party :- G.A.
 
Hon'ble Alok Mathur,J.

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

2. This application has been filed by the applicants for quashing the entire proceeding of Criminal Case No. 222 of 2021 (State Vs. Ramesh Yadav & others), P.S. - Kurebhar District - Sultanpur arising out of Crime No. 315 of 2020 U/S 323/336/342/354/427/452/506/34 I.P.C. pending in the Court of Additional Chief Judicial magistrate Vth Court No. 21, Sultanpur and also the impugned summoning order dated 05.03.2021 passed by the Additional Chief Judicial Magistrate Vth Court No. 21, Sultanpur.

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 Suresh Kumar, Ramesh, Amar bahadur, Shyam Bahadur and Shiv Kumar, 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 applicants in the aforesaid case.

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

(Alok Mathur, J.)

Order Date :- 28.6.2021/Ravi/