Court No. - 14
Case :- CRIMINAL APPEAL No. - 7553 of 2018
Appellant :- Haidar Ali And 10 Ors. Respondent :- State Of U.P. And Anr. Counsel for Appellant :- Manoj Yadav Counsel for Respondent :- G.A.
Hon'ble Ifaqat Ali Khan,J.
Heard Sri Manjoj Yadav, learned counsel for the appellants and learned A.G.A.
Sri Narendra Kumar Chaturvedi put in appearance on behalf of respondent no. 2 and has also filed the vakalatnama on behalf of respondent no. 2.
This appeal is preferred against the impugned summoning order dated 09.10.2018 passed by Second Additional Session Judge, Ballia in Case No. 60 of 2018 (Radha Kishun vs. Haidar Ali and others) under sections 147, 149, 342, 429, 504, 506 IPC & 3(1) (X) SC/ST Act, Police Station Gadwar, District Ballia , by which the accused-appellants are summoned.
Learned counsel for the appellants submitted that the appellants are falsely implicated in this case and the trial court has passed the order without the proper appreciation of the evidence available on record whereas learned A.G.A. and learned counsel for respondent no. 2 submitted that there is no illegality or irregularity in the impugned order.
From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicants. All the submission made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court at this stage. The disputed defence of the accused cannot be considered at this stage.
Considering the facts and circumstances of the case, I do not find any ground to quash prosecution initiated against the applicants in the aforementioned case, therefore, the prayer for quashing the same is hereby refused.
However, it is directed that if the applicants appear or surrender before the court below within 45 days from today and applies for bail, their prayer for bail shall be considered and decided in view of the settled law laid by 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 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. For a period of 45 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid directions, this appeal is finally disposed of.
Order Date :- 19.12.2018 Swati