Allahabad High Court
Satish And 4 Others vs State Of U.P. And Another on 19 January, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:9652 Court No. - 91 Case :- APPLICATION U/S 482 No. - 46092 of 2023 Applicant :- Satish And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijay Tripathi,Rajeev Kumar Counsel for Opposite Party :- G.A. Hon'ble Mayank Kumar Jain,J.
Heard learned counsel for applicants, learned Additional Government Advocate for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing the summoning order dated 06.07.2023 as well as entire proceedings of Complaint Case No. 6729 of 2021 (Amar Kumar Vs. Satish & Ors.), under Sections 323, 504, 506 I.P.C., Police Station-Kotwali, District Maharajganj pending in the Court of Judicial Magistrate, Maharajganj.
It is submitted that earlier an FIR under Sections 147, 323, 504, 452 of IPC was filed by applicant Satishchandra as a counterblast. After three months, the present complaint was filed mentioning the date of occurrence as 16.12.2020 on the same nature of incident. It is also submitted that after three days of the incident at another place opposite party no.2 was medically examined. The injury report is brought on record through supplementary affidavit. Applicant no.2 is wife of the applicant no.1 while applicant no.3 to 5 are their children and they are preparing for competitive examination.
It is further submitted that there is no evidence of involvement of applicants in the crime. No case is made out against the applicants. It is submitted that order impugned is perversed and suffers from manifesto error of law. Learned Magistrate without applying his mind summoned the accused for facing the trial.
Per-contra, learned AGA opposed the prayer and submitted that no date and time are mentioned in the FIR lodged by the applicant no.1 while the FIR has been lodged on 17.12.2020. The complainant was medically examined and 8 injuries were found on his person. It is submitted that the cognizance order has been passed on the basis of primary evidence available on record, therefore, the present application deserves to be dismissed.
Considering the facts and circumstances of the case and after going through the available record, the prayer for quashing of the entire proceedings of aforesaid case, cognizance order dated 06.07.2023 is refused.
However, it is provided that in case the applicants apply for bail within a period of 30 days from today, their application for bail shall be considered and disposed of expeditiously in view of law laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, 2022 SCC OnLine SC 825.
For a period of 30 days or till the applicants surrender and apply for bail, no coercive action shall be taken against the applicants in the aforesaid case.
Order Date :- 19.1.2024 Mohit