Allahabad High Court
Krishnapal Singh @ Chhan Singh And 3 ... vs State Of U.P. And Another on 7 November, 2019
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 73 Case :- APPLICATION U/S 482 No. - 39593 of 2019 Applicant :- Krishnapal Singh @ Chhan Singh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- P.K. Singh Counsel for Opposite Party :- G.A. Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
By way of the instant application, the applicants have sought quashment of the order dated 11.01.2019 passed by Special Judge (D.A.A.), Kanpur Dehat and entire proceedings of S.S.T. No. 137 of 2018 (Santosh Kumar Vs. Krishnapal Singh @ Chhan Singh and others), under sections 394, 386 I.P.C., P.S. Akbarpur, District Kanpur Dehat, pending in the court of Special Judge (D.A.A.), Kanpur, Dehat.
Contention raised on behalf of the applicants is confined to the ambit that allegations made in the complaint and statement are mischievous and the court below has failed to appreciate the proper facts and circumstances of the case and has wrongly, summoned the applicant under Sections 394, 386 I.P.C. . The summoning order is illegal and not sustainable and entire proceeding is in abuse of process of the Court.
Per contra, learned A.G.A. has submitted that in this case, from bare perusal of the complaint itself and statement recorded under Sections 200, 202 Cr.P.C., it transpires that the summoning order is just and legal which requires no interference by this Court.
Considered the rival submissions and perused the record particularly the impugned order dated 11.01.2019 whereby the applicants have summoned under Sections 394, 386 I.P.C.. No good ground is made out for quashment of the impugned proceeding and the summoning order. Accordingly, the prayer for quashment of the impugned proceeding and the summoning order is refused.
However, taking into consideration the facts and circumstances of the case, it is provided that in case the applicants appear before the court concerned within 15 days from today and move application for discharge, the same shall be considered and disposed of by the court concerned in accordance with law after affording opportunity of hearing to the parties.
For a period of one month from today, no coercive action shall be taken against the applicants.
It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicants.
With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 7.11.2019 Sachin