Court No. - 49
Case :- MATTERS UNDER ARTICLE 227 No. - 6009 of 2018
Petitioner :- Pran Nath
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Dhirendra Pratap Singh,Tej Pratap Singh
Counsel for Respondent :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
The present petition has been filed to quash the order dated 25.06.2018 passed by Addl. Session Judge, Court No. 8, Ramabai Nagar, Kanpur Dehat in Criminal Revision No. 35 of 2017 (Pran Nath Vs. State of U.P. and Others) as well as order dated 25.06.2014 passed by the Civil Judge (Jr. Div.), Kanpur Dehat in Case No. 1486 of 2006 (State Vs. Jagdish Narayan and Others) by which the learned Court below has summoned the petitioner under Section 319 Cr.P.C.
Learned counsel for the petitioner submits that the petitioner is serving army personnel and that he has been falsely implicated that he had no involvement in the offence as alleged. It is further stated that PW-2 that is the alleged victim has yet not been cross-examined and the petitioner has been pre-maturely summoned.
Having considered the argument so advanced by learned counsel for the petitioner, in the first place, the impugned order summoning the petitioner cannot be faulted inasmuch as besides PW-2 (victim), the petitioner has also been named by PW-1 (informant) who was also subjected to cross- examination.
In view of such fact, while the summoning of the petitioner cannot be faulted, at the same time, the petitioner is serving army personnel and there are no serious or other injuries suffered by the victim.
Thus, while the prayer for quashing the entire proceeding of the aforesaid case is refused, however, in view of the entirety of facts and circumstances of the case, it is directed that in case the petitioner appears and surrenders before the court below within 30 days from today and applies for bail, his 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.
With the aforesaid directions, this petition is finally disposed of. Order Date :- 24.8.2018 Abhilash