Court No. - 45
Case :- MATTERS UNDER ARTICLE 227 No. - 4924 of 2019
Petitioner :- Shyam Sundar
Respondent :- State Of U.P. And Another Counsel for Petitioner :- Sushil Kumar Counsel for Respondent :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the petitioner and learned A.G.A.
By the instant petition, petitioner seeks quashing of the order dated 28 February 2019 passed by the Judicial Magistrate, Khair, District Aligarh in Complaint Case No. 443/2017 (Yadram vs. Shyam Sundar and others), whereby, petitioner was summoned under Sections 354, 452, 323, 504, 506 IPC and order dated 18 May 2019 passed by the learned Sessions Judge, Aligarh in Criminal Revision No. 113 of 2019 (Shyam Sundar vs. State of U.P. and another), whereby, revision of the revisionist was dismissed.
It is urged by learned counsel appearing for the revisionist that an N.C.R. was lodged by the revisionist on 26.08.2017 and in counter blast, on 30.08.2017, opposite party no. 2 lodged a complaint wherein revisionist was summoned. The summoning order was challenged before the competent revisional court which has been rejected by the impugned order.
On specific query, learned counsel for the revisionist does not dispute that between the parties, the incident and factum of dispute is over the same subject matter i.e. damaging the plinth. In the circumstances, it cannot be said that the subsequent complaint is by way of counter blast.
Learned counsel for the revisionist has failed to point out any illegality, infirmity or jurisdictional error in the impugned orders.
In view thereof, the petition is, on request, dismissed as withdrawn with liberty to the applicant to file an appropriate application for bail before the court below within four weeks from date in terms of the decisions rendered in 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..
In the event, such an application is filed, it is expected that the court below shall decide/dispose of the application in terms of Amrawati (supra), Lal Kamlendra Pratap Singh (supra) and Brahm Singh (supra), strictly in accordance with law.
Order Date :- 24.6.2019 Mukesh Kr.