Counter affidavit filed today is taken on record.
Heard counsel for the applicant and learned A.G.A. for the State.
The present application has been filed seeking quashing of the summoning order dated 2.12.2019 as well as entire criminal proceedings of Complaint Case No. 31 of 2019 (Dheer Singh Vs. Narendra Singh Bhati and others), under Sections 420, 406, 323, 427, 504, 506 IPC and Section 3(1) (D) of SC/ST Act, P.S. Kotwali Sikandrabad, District Bulandshahar, pending in the Court of Special Judge (SC/ST Act), Bulandshahar.
No good ground is made out for quashing of the complaint.
I have perused the complaint as well as statement, it cannot said that the summoning order has been passed without there being anything on record. The application seeking quashing of the complaint is liable to be dismissed, it is accordingly dismissed.
However, if the applicant applies for bail, the same shall be considered by the Court below in view of the settled law laid down by the Seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P., reported in 2004 (57) ALR-290 as well as judgement passed by Hon'ble Apex Court reported in Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC).
Order Date :- 8.2.2021 S. Rahman