Allahabad High Court
Arun Kumar Singh & Ors. vs State Of U.P. & Anr. on 13 December, 2019
Author: Aniruddha Singh
Bench: Aniruddha Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 12 Case :- U/S 482/378/407 No. - 8930 of 2019 Applicant :- Arun Kumar Singh & Ors. Opposite Party :- State Of U.P. & Anr. Counsel for Applicant :- Akhilesh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicants and Sri Arun Kumar Pandey, learned A.G.A. for the State.
This present application under Section 482 Cr.P.C. has been filed with the prayer to quash the summoning order dated 23.9.2019 passed by Special Judge, S.C./S.T. Act, Pratapgarh in Criminal Case No. 509 of 2019 and charge sheet no. A-32 of 2018, dated 1.6.2018 arising out of Case Crime No. 150 of 2018, under Sections 323, 504, 506 IPC and Section 3(1)(X) and 3(1) S.C./S.T. Act, Police Station Jethwara, District Pratapgarh and to stay the entire proceeding of the case.
Learned counsel for the applicants submitted that impugned order passed is illegal, arbitrary, perverse and without evidence.
Learned AGA opposed and submitted that the impugned order is passed after considering whole evidence on record and is just and legal.
From the perusal of record, it transpires that after investigation, charge sheet has been submitted and cognizance was taken against the applicants.
Having regard to the facts and circumstances of the case and having considered the submissions made by the learned counsel for the applicants, the Court is of the view that no case is made out to interfere with the impugned order. There is no infirmity or illegality in the said order. The prayer made in the application is refused.
However, it is observed that in case the applicants surrender and apply for bail within two months from today, the same shall be considered and decided in view of the settled law laid down by this Court in the case of Amrawati and another Vs. State of U.P., reported in 2004 (57) ALR 290 and affirmed by Hon'ble Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P., reported in 2009 (3) ADJ 322 (SC). For a period of two months from today, no coercive action shall be taken against the applicants Arun Kumar Singh, Dhirendra Kumar Singh @ Motkau Singh, V.P. Singh @ Anoop Singh and Jhulayee Singh.
It is made clear that no further time shall be allowed to the petitioners to surrender before the court concerned.
With the above observations, the present application stands disposed of finally.
Order Date :- 13.12.2019 A. Singh