Document Fragment View

Matching Fragments

3. Learned counsel for the applicants submitted that the applicants has been falsely implicated in the present case. One case has been lodged by the applicant no. 2- Ramesh Chandra Mishra against the opposite party no. 2 and his 15 associates as case crime no. 867 of 2016 on 14.10.2016 under Sections 147, 148, 149, 452, 352, 323, 324, 427, 504, 506 I.P.C. Police Station- Sangrampur, District- Amethi in which the date of the incident has been mentioned as 2.10.2016. Thereafter as a counter blast, a complaint has been lodged by the opposite party no. 2 on 11.1.2017 in which date of incident has been mentioned as 14.10.2016 and time was mentioned as 8:30 a.m. in which on the basis of the statements of the complainant and witnesses recorded u/s 200 and 202 CrPC respectively, summoning order was passed on 6.1.2018 against the applicants without applying judicial mind.The whole story as narrated in the statement of the witnesses has been cooked and manufactured, therefore, the trial court has materially erred in summoning the applicants, as such the orders are liable to be set aside. Learned counsel for the applicants further submitted that the applicants have earlier approached before this Court by filing U/S 482/378/407 No. - 1408 of 2018, which was disposed of by this Court on 16.3.2018 with a direction to the applicants to appear and surrender before the trial court and the trial court was directed to consider the bail application of the applicants in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgment passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P