Court No. - 41
Case :- APPLICATION U/S 482 No. - 31310 of 2018 Applicant :- Lalla Pandey @Virendra Pandey Opposite Party :- State Of Up And Another Counsel for Applicant :- Hirdesh Kumar Yadav,Sushma Yadav Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed with the prayer to set aside the impugned summoning order dated 7.7.2017 passed by Additional Chief Judicial Magistrate-IInd, Kanpur Nagar in Criminal Complaint Case No. 16821 of 2017 (Raja Ram vs. Lalla Pandey @ Virendra Pandey) under sections 420, 323, 504, 506 IPC, Police Station Kalyanpur, District Kanpur Nagar and to quash further proceedings of the case.
Learned counsel for the applicant 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 the summoning order was passed after recording the statement under Sections 200 and 202 Cr.P.C. of the complainant as well as the witnesses.
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 application is refused.
However, it is observed that in case the applicant 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 applicant.
It is made clear that no further time shall be allowed to the applicant to surrender before the court concerned.
With the above observations, the application stands disposed of.
Order Date :- 12.9.2018/P.P.