1. Heard learned counsel for the applicant as well as learned Additional Government Advocate for the state of U.P. through video conferencing in view of COVID-19 pandemic.
2. In view of the order proposed to be passed, with the consent of learned counsel for the parties, requirement of issuance to notice to opposite party no. 2 is dispensed with.
3. This application has been filed by the applicant for quashing the impugned summoning order dated 08.01.2021 issued by the Judicial Magistrate, Court No.27, Barabanki in case no.112/2021 (State vs. Jay Prakash Pathak @ Kini Pathak and Others as well as to quash the impugned charge sheet no.02/2020 dated 14.10.2020 and entire proceedings arising out of crime no.138/2020, under sections - 323, 504, 506, 452 & 354 (kha) IPC, police station - Ram Sanehi Ghat, District - Barabanki pending in the Court of Judicial Magistrate, Court No.27, Barabanki. Further prayer has been made to stay further proceedings of case no.112/2021 (State vs. Jay Prakash Pathak @ Kini Pathak & Others) during the pendency of the petition under section - 482 CrPC.
4. From the perusal of the impugned charge sheet as well as record, no case for quashing the charge sheet is made out.
5. After arguing the matter at some length, learned counsel for the applicant restricts his prayer to grant appropriate relief in light of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in [2009 (3) ADJ 322 (SC)].
6. Learned A.G.A. has no objection to the aforesaid prayer.
7. In view thereof, it is provided that if the applicants namely - Jay Prakash Pathak @ Kinni Pathak, Satyam @ Sonu, Mina @ Dali, Rupanshi surrender before the Court below within four weeks' from normal resumption of Court(s) and applies for bail, the Court below will consider the same, in accordance with law in view of the observations made in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. (supra).
8. For a period of four weeks', no coercive steps shall be taken against the applicant in the aforesaid case.
9. With the aforesaid observations, the present application stands disposed of.
10. The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by him alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
11. The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 6.5.2021 mks