Court No. - 27
Case :- APPLICATION U/S 482 No. - 7965 of 2010 Applicant :- Ram Kishan And Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Piyush Dubey Counsel for Opposite Party :- Govt. Advocate,Brijendra Kumar
Hon'ble Dr. Kaushal Jayendra Thaker,J.
Heard Sri Piyush Dubey, learned counsel for the applicants, none appears for the respondent no.2 and perused the record.
The contours of Section 482 Cr.P.C. are not made out. It is submitted that litigation is of civil nature.
This court had only protected the petitioner against the coercive action. There has been no stay of the proceedings. The litigation under Section 504 I.P.C. is pending since 2009 being complaint case no. 1148 of 2009. The summoning order which has been laid cannot be said to be such which is passed without application of mind, interference is called for.
The summoning order is not cryptic and can be sustained in view of the judgment of this High Court reported in the case of Avadhutanand Giri @ Swami Avadhutanand Giri @ Mahant Swami Avadhutanand Giri Vs. State of U.P. and another, 2018 (10) ADJ 231, it can be said that the order suffers from non-application of mind.
The petition lacks merits and dismissed.
However, as the stay continued to for a period of 8 years. If the petitioner appears before the trial Court on or before 11th January, 2019 and apply for bail, till then they shall not be coercively dealt with.
With these observations this petition is dismissed.
Order Date :- 18.12.2018 Krishna