Allahabad High Court
Satendra Kumar @ Ramnu vs State Of U.P. & Another on 2 September, 2019
Author: Jaspreet Singh
Bench: Jaspreet Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 27 Case :- U/S 482/378/407 No. - 6144 of 2019 Applicant :- Satendra Kumar @ Ramnu Opposite Party :- State Of U.P. & Another Counsel for Applicant :- Pratul Gupta Counsel for Opposite Party :- Govt. Advocate Hon'ble Jaspreet Singh,J.
Heard the learned counsel for the petitioner and the learned A.G.A. for the State-respondent.
By means of the instant petition under Section 482 Cr.P.C., the petitioner seeks to quash the cognizance and summoning order dated 25.04.2019 passed by the Additional Sessions and District Judge, Court No.8, District Sitapur as well as the charge-sheet in Case No.66 of 2019 (State of U.P. Vs. Ramnu @ Satendra Kumar) arising out of Crime No.34 of 2019 under Sections 354Kha, 506 IPC and Section 7/8 POSCO Act by means of which, it has been submitted that the FIR has been lodged against the petitioner as a counter-blast and the submission of the learned counsel for the petitioner is that the statement recorded by the Investigating Officer does not disclose that any offence has been committed rather it is out of enmity between the petitioner and the opposite party no.2 and their family which is going on for the last 20 years and it is in view thereof that the FIR has been lodged which is also delayed.
Per contra learned A.G.A. has submitted that the statement which has been recorded under Section 164 prima facie indicates the commission of offence coupled with the fact that the Investigating Officer after considering the entire evidence which has been recorded of the witnesses has submitted charge-sheet which does not require any interference by this Court at this stage.
The factual aspects of the matter cannot be evaluated during the proceedings under Section 482 Cr.P.C.
At this stage, learned counsel for the petitioner submits that some time may be granted to the petitioner for surrender before the trial court concerned.
In view of above, the petition under Section 482 Cr.P.C. is finally disposed of with the following observations:-
(1) The applicant shall surrender and seek bail from the courts below within three weeks from the date of this order and the courts below shall consider the same expeditiously in accordance with law laid down by Hon'ble Supreme Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P., reported n 2009 (3) ADJ 322 (SC);
(2) In case the applicant does not appear before the court below within the prescribed period, it will be open for the court to proceed against the applicant in accordance with law, to ensure his appearance in the court;
(3) For a period of three weeks from today, no coercive action shall be taken against the applicant.
It is made clear that in no case the aforesaid period shall be extended and no excuse shall be entertained. After expiry of the aforesaid period, if the applicant has not surrendered, then the authorities concerned shall have full liberty to take action in accordance with law.
Order Date :- 2.9.2019 ank