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2015 DIGILAW 26 (ALL)

Srinath Patel v. State of U. P

2015-01-08

VISHNU CHANDRA GUPTA

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JUDGMENT Vishnu Chandra Gupta, J. Heard learned counsel for the petitioner and the learned A.G.A. for the State. 2. By means of this petition under Section 482 Cr.P.C., the petitioner has prayed for quashing the impugned summoning order dated 21.11.2014 passed by the learned Chief Judicial Magistrate, Pratapgarh in Criminal Case No. 1790 of 2014, arising out of Case Crime No. 119 of 2014, under Sections 353, 504, 506 I.P.C. & Section 3 (1) (X) S.C./S.T. Act, Police Station Sangramgarh, District- Pratapgarh. 3. From the perusal of material on record, it could not be said that no case is made out against the petitioner. Therefore, at this stage no interference is called for by this Court. The petition lacks merit. 4. However, if the petitioner surrenders before the court below within three weeks from today and moves bail application, the same shall be considered and disposed of expeditiously in accordance with law and also keeping in view the directions contained in the judgment delivered by the Apex Court reported in 2009 (3) ADJ 322 (SC) (Lal Kamlendra Pratap Singh Vs. State of U.P.), in case the accused petitioner has not yet been surrendered and applied for bail. 5. For three weeks or till the date of surrender, whichever is earlier, no coercive steps shall be taken against the petitioner. With this observation, the petition is finally disposed of.