Court No. - 87
Case :- CRIMINAL APPEAL No. - 4745 of 2021 Appellant :- Sanjay Singhal Respondent :- State of U.P. and Another Counsel for Appellant :- Himanshu Srivastava Counsel for Respondent :- G.A.,Arvind Kumar Verma
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the appellant, learned A.G.A. for the State, learned counsel for the complainant and perused the record.
This appeal has been filed with delay of 184 days. In the light of suo moto writ petition no. 3 of 2020 the delay in filing appeal is condoned. Let the appeal be considered to be filed within time. Office has already allotted the regular number to this appeal.
It is argued by the learned counsel for the appellant that the summoning order dated 21.1.2022 has been challenged. Regarding the same, police report is on record. It is further argued that on the same fact second application under section 156(3) Cr.P.C. has been moved wherein police report was again received and regarding his dues of Rs. 40 lacs of his friend Tarun Goel an inquiry was made by the police. All the facts mentioned in the application under section 156(3) Cr.P.C. has been found to be false. The report of C.O.City District Hapur dated 25.2.2021 has been filed along with supplementary affidavit.
Learned counsel for the opp. party no. 2 argued that there is no illegality in the impugned order. The said order has been passed by the court below after recording the statements of complainant and witnesses. The court found that prima facie cognizable offence is made out against the applicant and summoned the applicant. Hence the prayer for admission is opposed.
Appeal is admitted.
List in the 3rd week of January, 2022 for hearing on appeal.
Learned counsel for the appellant is directed to file a supplementary affidavit in registry.
Learned counsel for the appellant showed the order sheet dated 3.11.2021 of court below in complaint no. 24 of 2020, Ravindra Kumar Vs. Sanjay Singhal wherein NBW has been issued against the present appellant.
Till the disposal of this appeal, lower court is directed not to adopt any coercive measure against the appellant.
Order Date :- 16.12.2021 Gss