Allahabad High Court
Ajeet Kumar Pandey And 4 Others vs State Of U.P. And Another on 21 July, 2022
Author: Gautam Chowdhary
Bench: Gautam Chowdhary
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 83 Case :- APPLICATION U/S 482 No. - 11094 of 2022 Applicant :- Ajeet Kumar Pandey And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajeev Giri Counsel for Opposite Party :- G.A. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This application has been filed for quashing of the summoning order dated 05.01.2022 as well as entire proceedings of Complaint Case No. 108 of 2019 (Anurag Pandey Vs. Suresh Chandra and Ors.), under Sections 147, 148, 323, 504, 506, 427, 452 I.P.C., Police Station Maharajganj, District Jaunpur, pending in the court of Civil Judge (Junior Division)/ F.T.C., Jaunpur.
On perusal of the record, the Court finds that the allegations made in the complaint disclose commission of a cognizable offence and those allegations have found support in the statements recorded under Sections 200 and 202 Cr.P.C. on the basis whereof the summoning order has been passed against the applicant.
This Court in exercise of its power under section 482 Cr.P.C., is not required to assess the correctness of the allegation and the reliability of the evidence, the prayer to quash the summoning order and the consequential proceeding is rejected.
At this stage, the learned counsel for the applicants submits that the applicant has so far not been arrested in the above case and the police is seeking to arrest the applicant and there may be coercive processes issued against the applicant by the court concerned therefore, some direction may be issued to the court concerned for consideration of the bail prayer of the applicant.
As the Apex Court in Satendra Kumar Antil Vs. Central Bureau of Investigation and another (Special Leave to Appeal (Crl.) No. 5191 of 2021, decided on 07.10.2021) has already laid down guidelines for grant of bail, without fettering the discretion of the courts concerned and the statutory provisions governing consideration in grant of bail, no specific direction need be issued by this Court as it is expected that the court concerned will take into consideration the necessary guidelines already issued by the Apex court.
With the aforesaid observations, the application is disposed off.
Order Date :- 21.7.2022/Abhishek Singh