Allahabad High Court
Jai Prakash Verma And Another vs State Of U.P. And Another on 18 August, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 87 Case :- APPLICATION U/S 482 No. - 27910 of 2021 Applicant :- Jai Prakash Verma And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Deepak Singh Patel Counsel for Opposite Party :- G.A,Amit Kumar Dixit Hon'ble Om Prakash Tripathi,J.
Heard learned counsel for applicants, learned A.G.A. for State.
This application has been filed under Section 482 Cr.P.C. with a prayer to quash the cognizance/summoning order dated 02.02.2021 passed by the Chief Judicial Magistrate, Bareilly and charge sheet no. 534/2020 dated 15.12.2020 as well as entire proceeding of Case No. 737/2021 (State Vs. Jai Prakash Verma and another) arising out of Case Crime No. 09/2020, under Section 306 I.P.C., P.S.- Kotwali, District- Bareilly, pending in the court of Chief Judicial Magistrate, Bareilly.
It is contended by learned counsel for the applicant that no charge is made out against the applicant under Section 306 I.PC.. Applicant is maternal grandfather aged about 75 years.
From the perusal of material on the record and looking into the matter of the case, at this stage it cannot be said that no offence is made out against the applicants.
The prayer for quashing the summoning order as well as entire proceeding of the aforesaid case is hereby refused.
However, in the facts and circumstances of the case, if applicants move an application for discharge within one month from today before court concerned with certified copy of this order, the same shall be considered and decided in accordance with law by the court concerned within three months.
Only till four months, no coercive action shall be taken against the applicants in the aforesaid case.
With the aforesaid observation, the application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 18.8.2022 Sharad/-