Court No. - 27
Case :- APPLICATION U/S 482 No. - 41311 of 2010 Applicant :- Ajit Kumar Rai Urf Chunmun And Others Opposite Party :- State Of U.P. & Another Counsel for Applicant :- Ali Hasan,Ishtiyaq Ali Counsel for Opposite Party :- Govt. Advocate
Hon'ble Dr. Kaushal Jayendra Thaker,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The brief facts come to show that the opposite party no.2 has lodged an F.I.R. on 20.6.2010 against the applicants, registered as Crime No. 544 of 2010 under Section 147, 323, 504, 506, 294 I.P.C. and 3(1) X S.C./S.T. Act, at P.S.- Gaura Badshahpur, District- Jaunpur.
According to the prosecution case, the first informant is the Member of the Schedule Caste (Chamar), on 18.6.2010 at 10.00 pm in the night, there was singing-dancing stage programme in the marriage of the daughter of Late Pancham Ram, the applicant no.1 has come to see that programmed but misbehaving with the ladies, and on interference, made threat to him along with his associates.
The statement of the Dharma Devi wife of Late Srira, Smt. Kewla Devi wife of Late Suryabali has also been recorded on 02.07.2010. .
The summoning order itself is not cryptic and can be sustained in view of the judgment of this High Court reported in the case of Avadhutanand Giri @ Swami Avadhutanand Giri @ Mahant Swami Avadhutanand Giri Vs. State of U.P. and another, 2018 (10) ADJ 231, it can be said that the order suffers from non-application of mind.
With these observations the application is allowed.
Order Date :- 19.12.2018 Krishna