Court No. - 51
Case :- APPLICATION U/S 482 No. - 31973 of 2019 Applicant :- Smt. Manju Lata Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Dharmendra Kumar Dwivedi,Rajiv Lochan Shukla Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard Sri Rajiv Lochan Shukla, learned counsel for the applicant at great length and learned AGA for the State.
The prayer made in the instant 482 application is to quash the impugned summoning order dated 20.07.2019 passed by the learned Chief Judicial Magistrate, Firozabad in Case No. 3038 of 2018 (State vs. Sambhu Kumar and others) and Case No. 3038A of 2018 (State vs. Munna Lal and others) as well as to quash the entire proceedings of the above mentioned case arising out of Case Crime No. 209 of 2017, under Section 147, 302, 506, 384, 120B IPC, P.S. Fariha, District Firozabad including the charge sheet filed against the applicant.
Counsel for the applicant contended that applicant has earlier filed an application U/S 482 No. 17147 of 2019 which was disposed of by another bench of this Court vide order dated 30.04.2019. The order has been annexed on page 37 of the affidavit and the same has been perused by the Court.
I have also perused the impugned order which has been passed in compliance of the direction issued by the another bench of this Court. The impugned order is a very reasoned and elaborate order.
Learned counsel for the applicant submits that earlier order of this Court dated 30.4.2019 has not been correctly appreciated in its letter in spirit while passing the impugned order by the court below which has been passed in compliance of the direction as contained in the earlier order of this Court dated 30.4.2019.
However, the fact remains that there is no such law which may ask for a detailed discussion of evidence at the stage of taking cognizance. The applicant has been summoned for an offence under Section 147, 302, 506, 384, 120-B. The impugned order is a very elaborate order and thus, no case for grant of indulgence is made out.
However, in case applicant surrenders and applies for bail within a period of two months, the same shall be considered expeditiously in accordance with law.
The application is accordingly disposed of.
Order Date :- 26.8.2019 Ujjawal