Balram Yadav vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 5445 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 10
 

 
Case :- APPLICATION U/S 482 No. - 3950 of 2022
 

 
Applicant :- Balram Yadav
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another
 
Counsel for Applicant :- Satyendra Nath Mishra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Manish Mathur,J.

Heard learned counsel for petitioner and learned A.G.A. appearing on behalf of opposite party No.1. In view of order being passed notices to opposite party No.2 stand dispensed with.

Petition under Section 482 Cr.P.C. has been filed against summoning order dated 31.10.2013 issued by Additional Judicial Magistrate Court No. 19 Sultanpur in Complaint Case No. 1912 of 2012 (Bitan versus Balram Yadav & others) under Section 498-A IPC, P.S. Sangrampur, District Amethi.

Learned counsel for petitioner submits that the present case is covered by the judgment rendered by Hon'ble Supreme Court in the case of Satender Kumar Antil versus Central Bureau of Investigation and another passed in Petition for Special Leave to appeal (Crl.) No. 5191 of 2021 on 7.10.2021 since the ofences against petitioner indicated in the charge sheet are within category A of the aforesaid judgment. and as such liberty may granted to petitioner to approach the trial court with regard to same.

Learned A.G.A. appearing on behalf of State has drawn attention to the fact that summoning order is dated 31.10.2013 whereas petition has been filed in the year 2022 but does not dispute the fact that matter appears to be covered in terms of the judgment rendered in Satender Kumar Antil (supra).

Considering the aforesaid facts and circumstances and particularly the fact that the case is covered under the cases under category-A of judgment in the case of Satendra Kumar Antil (supra), the petition as such is disposed of in terms of the directions issued in the said case.

Order Date :- 27.6.2022

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