Allahabad High Court
Hari Krishna Kesari & Others vs State Of U.P. & Another on 22 July, 2010
Author: Ashwani Kumar Singh
Bench: Ashwani Kumar Singh
Court No. - 53 Case :- APPLICATION U/S 482 No. - 28604 of 2007 Petitioner :- Hari Krishna Kesari & Others Respondent :- State Of U.P. & Another Petitioner Counsel :- Shashi Kant Shukla Respondent Counsel :- Govt. Advocate Hon'ble Ashwani Kumar Singh,J.
By means of this petition under Section 482 Cr.P.C., the petitioners have prayed for quashing of the summoning order dated 31.7.2007, passed by Special Chief Judicial Magistrate, Allahabad in Case Crime No. 121-C of 2006, under Sections 323, 504, 506, 498A IPC and 3/4 D.P. Act, P.S. Manda, District Allahabad.
The submission of learned counsel for the applicants is that final report was submitted by the police. On the protest application of the complainant, the learned trial court summoned the accused persons. However, learned counsel for the respondent no.2 submits that there is no illegality in the summoning order passed by the court below, as such, this petition under Section 482 Cr.P.C. is liable to be dismissed.
I have considered the submissions of learned counsel for the parties and perused the entire record of the case.
In the facts and circumstances of the case, no interference is called for, accordingly, the petition under Section 482 Cr.P.C. is dismissed. However, it is provided that if the applicants appear before the court below within one month from today and apply for bail, the learned court below shall grant bail and also proceed further in accordance with law. Order Date :- 22.7.2010 A