Court No. - 41
Case :- APPLICATION U/S 482 No. - 31313 of 2018 Applicant :- Manoj And 3 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Sanjive Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicants and learned AGA.
This application under Section 482 Cr.P.C. has been filed with the prayer to set aside the entire proceeding of Criminal Complaint Case No. 3106/2016 pending before the CJM, Budaun arising out of N.C.R. No. 262 of 2011 and summoning order dated 18.5.2018 passed by CJM, Budaun under Section 323/504 IPC, Police Station Civil Lines, District Budaun Learned counsel for the applicants 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 applicants surrender and apply 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 applicants to surrender before the court concerned.
With the above observations, the application stands disposed of.
Order Date :- 12.9.2018/P.P.