Court No. - 49
Case :- APPLICATION U/S 482 No. - 30155 of 2018 Applicant :- Vijay Pal Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ajay Kumar Vashistha Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. The present application has been filed to quash the summoning order dated 22.3.2018 passed by learned Additional District & Session Judge/F.T.C., Court No.2, Kasganj in S.T. No. 158 of 2016, arising out of Case Crime No. 92 of 2016, under Sections 147, 148, 364, 302 IPC, Police Station Sahawar, District Kasganj, by which the applicant has been summoned under Section 319 Cr.P.C.
3. Perusal of the order reveals that the summoning of the applicants has been made on the basis of specific statement of PW-1 and PW-2 who are eye witness of abduction of the deceased. Both witness had specifically named the applicant as one of the person who was involved in the abduction of the deceased.
4. In view of the above, no interference is warranted at this stage.
5. However, considering the nature of the allegations made in the F.I.R. and submissions made by learned counsel for the applicant, it is directed that in case the applicant appear before the court concerned within 30 days from today and apply for bail, the same shall be heard and disposed of expeditiously, strictly in accordance with law after hearing the public prosecutor.
6. For a period of 30 days from today, no coercive measure shall be taken against the applicant in the aforesaid case.
7. With the above directions, this application is disposed of finally.
8. Further, it will remain open to the learned court below to consider such another plea as may be raised by the applicant while considering the bail application of the applicant.
Order Date :- 12.9.2018 Abhilash