Court No. - 64
Case :- APPLICATION U/S 482 No. - 22036 of 2019 Applicant :- Banarasi Lal Opposite Party :- State Of Up And Another Counsel for Applicant :- Suresh Kumar Maurya Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the record of this application.
This application under Section 482 Cr.P.C. has been filed to quash the complaint case no.924 of 2016, pending in the court of ACJM, Allahabad, under Sections 323, 504, 506, 498A IPC and 3/4 D.P. Act, including the summoning order dated 8.6.2016 and non- bailable order dated 9.1.2018 under Section 204(4) of Cr.P.C. passed by the ACJM, Allahabad.
Upon consideration of various aspects of this case, obviously, summoning order dated 8.6.2016 is neither perverse nor erroneous on its face value because it entails all the required details which are took into consideration at the stage of summoning. No perversity in the summoning order.
In view of above, it is provided that in case the applicant moves appropriate application for redressal of his grievance within a period of two months from today, the same shall be considered and disposed of by the court below in accordance with law by passing speaking and reasoned order.
For a period of two months from today, no coercive action shall be taken against the applicant.
It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicant.
With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 31.5.2019 Raj