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2015 DIGILAW 1640 (ALL)

Ashish Kumar Pandey @ Ramji Pandey v. State of U. P Thru Principal Secy. , Home Lucknow

2015-06-29

AKHTAR HUSAIN KHAN

body2015
JUDGMENT Akhtar Husain Khan, J. Heard learned counsel for petitioner as well as learned A.G.A. 2. Present petition has been moved by petitioner, Ashish Kumar Pandey @ Ramji Pandey, under Section 482 Cr.P.C. with prayer to set aside order dated 27.1.2015 passed by Chief Judicial Magistrate, Ambedkar Nagar Annexure-1 to the petition. Further prayer has been made for a direction for not proceeding further in Complaint Case No.2228 of 2014 relating to police station Ahirouli, district Ambedkar Nagar under Sections 323, 504 and 506 I.P.C. pending in the court of Chief Judicial Magistrate, Ambedkar Nagar. 3. Learned Chief Judicial Magistrate has passed impugned summoning order dated 27.1.2015 on complaint filed by opposite party no.2. after recording evidence under Sections 200 and 202 Cr.P.C. 4. Version of complaint has been supported by complainant in statement recorded under Section 200 Cr.P.C. as well as by witnesses in statements recorded under Section 202 Cr.P.C. 5. At this stage, there appears no illegality or irregularity in summoning order to justify interference under Section 482 Cr.P.C. Moreover, Magistrate is competent to discharge accused under Section 245 Cr.P.C., if he finds charge levelled against the petitioner to be groundless. 6. In view above, petition moved under Section 482 Cr.P.C. is dismissed with liberty to petitioner to raise his plea of discharge before Magistrate concerned, who shall pass appropriate order in accordance with law. 7. At this juncture, learned counsel for petitioner prayed for only a direction under Section 483 Cr.P.C. for expeditious disposal of bail application moved by petitioner in the light of principle laid down by seven Judges Bench of this court in the case of Amrawati & Anr Vs. State of U.P. reported in [2004 (57) ALR 290] as affirmed by Hon'ble the Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in [2009 (3) ADJ 322 (SC)] 8. A direction under Section 483 Cr.P.C. for expeditious disposal of bail application appears to be just. 9. In view of above, learned Magistrate/Trial Court concerned is directed to make expeditious disposal of bail application moved by petitioner in the light of principle laid down by seven judges Bench of this court in the case of Amrawati & Anr Vs. State of U.P. (supra) which has been affirmed by Hon'ble the Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. (supra) which has been affirmed by Hon'ble the Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. (supra) subject to condition that petitioner shall appear before Magistrate/Trial court concerned within one month from today and shall move bail application in accordance with law. In the meantime, no coercive steps shall be taken against the petitioner. Time specified above shall not be extended further.