Court No. - 41
Case :- MATTERS UNDER ARTICLE 227 No. - 6011 of 2018 Petitioner :- Devendra Singh Respondent :- State Of U.P. And Anr. Counsel for Petitioner :- Rajesh Dwivedi Counsel for Respondent :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the petitioner and the learned A.G.A. for the State.
This petition under Article 227 of the Constitution of India has been filed with the prayer to stay the order dated 3.7.2018 passed by Session Judge, Kanpur Dehat in Criminal Revision No. 48 of 2018 (Devendra Singh Vs. State of U.P. and others) as well as summoning order dated 2.1.2016 passed by Judicial Magistrate, Bhognipur, Kanpur Dehat in Case No. 1363 of 2014, under Section 138 of the Negotiable Instruments Act, 1881, Police Station Rajpur, District Kanpur Dehat.
Learned counsel for the petitioner submitted that impugned order passed is illegal, arbitrary, perverse and without evidence.
Learned AGA opposed and submitted that the impugned order is passed after considering whole evidence on record and is just and legal.
A perusal of the record reveals that both courts have given concorrent finding and view taken by both courts is plausible view.
Having regard to the facts and circumstances of the case and having considered the submissions made by the learned counsel for the parties, I am of the view that no case is made out to interfere with the impugned order. There is no infirmity or illegality in the said order. The prayer made in the petition is refused.
However, it is observed that in case the petitioner surrenders and applies for bail within two months from today, the same shall be considered and decided in view of the settled law laid down by this Court in the case of Amrawati and another Vs. State of U.P., reported in 2004 (57) ALR 290 and affirmed by Hon'ble Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P., reported in 2009 (3) ADJ 322 (SC). For a period of two months from today, no coercive action shall be taken against the applicants.
It is made clear that no further time shall be allowed to the petitioner to surrender before the court concerned.
However, applicant may raise his argument before trial court at the stage of Section 245 Cr.P.C.
With the above observations, the petition stands disposed of.
Order Date :- 17.9.2018 A. Singh