Court No. - 60
Case :- APPLICATION U/S 482 No. - 31798 of 2010 Applicant :- Ajay Sharma Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Satyendra Kumar Tripathi Counsel for Opposite Party :- Govt. Advocate,Santosh Kumar Hon'ble Neeraj Tiwari,J.
Heard Sri Abhishek Ahuja, Advocate holding brief of Sri Satyendra Kumar Tripathi, learned counsel for the applicant, learned AGA for the State and Sri Santosh Kumar, learned counsel for the opposite party no. 2.
The present 482 Cr.P.C. application has been filed against the order dated 8.2.2010 passed by the Civil Judge/Judicial Magistrate, Room No. 19, Deoria in Complaint Case No. 341 of 2010 whereby the applicant was summoned.
The complaint was filed under Sections 419, 420, 467, 468 406 I.P.C. but the summoning order was passed under Sections 419, 420 I.P.C.. This Court vide order dated 28.9.2010 had stayed the proceeding of the aforesaid case. Counter affidavit was filed on 17.11.2011 but till date no rejoinder affidavit has been filed.
Today, learned counsel for the applicant has prayed that some time may be granted to file rejoinder affidavit, which is rejected.
I have perused the complaint as well as summoning order dated 8.2.2010 passed by the Civil Judge/Judicial Magistrate, Room No. 19, Deori. Prima facie, case is made out against the applicant. No case for interference is warranted. The prayer for quashing the summoning order dated 8.2.2010 is refused.
However, it is directed that in case the applicant appears and surrenders before the court below within 30 days from today and applies for bail, his prayer for bail shall be heard and disposed of expeditiously, strictly in accordance with law after hearing the public prosecutor.
For a period of 30 days from today, no coercive measure shall be taken against the applicant in the aforesaid case.
It is made clear that in case the applicant does not apply for bail before the court below within the aforesaid period, it is open for the court below to proceed against the applicant in accordance with law.
With the aforesaid direction, this application is disposed of.
Order Date :- 30.10.2018 Rmk.