Allahabad High Court
Sonpal And 2 Others vs State Of U.P. And Another on 24 March, 2023
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD Court No. - 71 Case :- APPLICATION U/S 482 No. - 9864 of 2023 Applicant :- Sonpal And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashwani Kumar Sachan,Saurabh Sachan Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
1. Heard Sri Ashwani Kumar Sachan, learned counsel for the applicants, Sri Ankit Srivastava, learned counsel for the State and perused the record.
2. The present application U/S 482 Cr.P.C. has been filed by the applicants- Sonpal, Lalaram and Bablu with the following prayer:-
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the summoning order dated 17.01.2020 passed by Judicial Magistrate, Gunnaur, District Sambhal along with Criminal proceedings in Complaint Case No. 417 of 2019 (Vijay Pal Vs. Sonpal and others) by which applicants/proposed has been summoned u/s 452, 323, 427 I.P.C.
It is further prayed to stay the operation of summoning order dated 17.01.2020, u/s 452, 323, 427 I.P.C. in Complaint Case No. 417 of 2019 (Vijay Pal Vs. Sonpal and others) during the pendency of this application before this Hon'ble Court.
And / or pass such other and further relief, which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case."
3. The Stamp Reporter has reported a previous petition being filed by the applicants for the same reliefs being Criminal Misc. Application U/S 482 No. 10614 of 2021 (Sonpal and 2 others vs. State of U.P. and another). The said petition stands disposed by an order dated 03.08.2021 passed by this Court. The said order is quoted herein below:-
"Heard learned counsel for the applicants, learned AGA for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the impugned Complaint dated 3.8.2019 and entire proceedings including summoning order dated 17.1.2019 9Vijay Pal Vs. Sompal) under sections 452, 323 IPC, Police Station- Rajpura, District- Sambhal pending in the court of Judicial Magistrate, Gunnaur, District Sambhal.
At the very outset, learned counsel for the applicants has submitted that he does not want to press other prayers made in the prayer clause and has only made a prayer for expeditious disposal of their bail application in view of law laid down in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. Considering the prayer of the applicants and in view of the entire facts and circumstances of the case, it is directed that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail shall be considered and decided as expeditiously as possible in accordance with law.
For a period of 30 days from today or till the applicants surrender and apply for bail, whichever is earlier, no coercive action shall be taken against them. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid directions, this application is finally disposed of.
However, as requested, the applicants is permitted to appear before the concerned court within a month from today and move an application claiming discharge. The concerned court shall after hearing, decide the application on merits, in accordance with law, within a period which shall not exceed a period of three months from today."
4. In the present petition the affidavit is of Sonpal who is the applicant no.1.
5. In paragraph 2 of the present petition it has been averred that this is the first 482 petition being filed by the applicants before this Court and no Criminal Misc. application has either been pending or has been filed by the applicants. The said paragraph has been sworn on the personal knowledge of the applicant no.1 / deponent. The same reads as under:-
"2. That the present application under section 482 Cr.P.C. is the first application before this Hon'ble Court challenging the summoning order dated 17.01.2020 passed by judicial Magistrate Gunnaur District Sambhal in complaint case no. 417 of 2019 and entire criminal proceedings in vijay pal v/s Sonpal and others. No other application U/S 482 Cr.P.C. or Criminal Revision or Criminal Writ has been filed earlier on the same facts and grounds."
6. Thus the situation which arises is that the present application u/s 482 Cr.P.C. is the second petition being filed by the applicants for the same reliefs and there is a false averment in paragraph 2 that it is the first application u/s 482 Cr.P.C. filed by the applicants before this Court and no petition is pending or has been filed by the applicants.
7. In view of the facts and circumstances of the case, the present application u/s 482 Cr.P.C. is hereby dismissed with an exemplary cost of Rs. 25,000/- which is imposed upon the applicants to be paid within 30 days from today before the Registrar General of this Court which shall be transmitted to the High Court Legal Service Committee for its utilization therein. In the event the said amount is not deposited, the Registrar General shall take up appropriate steps for getting the same realized as land revenue through the District Magistrate / Collector concerned who shall as early as possible realise the same and transmit it to the Registrar General of this Court which shall be utilized as stated above.
Order Date :- 24.3.2023 AS Rathore (Samit Gopal,J.)