Research › Search › Judgment

Allahabad High Court · body

2016 DIGILAW 1457 (ALL)

Santosh Kumar @ Raju v. State of U. P.

2016-04-20

SUNEET KUMAR

body2016
JUDGMENT Suneet Kumar,J. Heard learned counsel for the applicant and the learned A.G.A for the State. 2. This application has been filed for quashing the summoning order dated 25 February 2011, passed in Complaint Case No. 3754 of 2009, under Sections 323, 498A, 504, 506 IPC and 3/ 4 D.P. Act, Police Station Gopiganj, District Sant Ravidas Nagar (Bhadohi) and for staying further proceedings of said case. 3. From perusal of the material on record and looking into the facts of the case at this stage, it cannot be said that prima facie no offence is made out against the applicant. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this court, under Section 482 Cr.P.C. At this stage, only prima facie case is to be seen in the light of law laid down by Supreme court in cases of R.P. Kapur Vs. State of Punjab, AIR 1960 SC 866 , State of Haryana Vs. Bhajan Lal, 1992, SCC(Cr) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC(Cr) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, 2005 SCC(Cr) 283. 4. In this view of the matter, the prayer for quashing the summoning order as well as for staying further proceedings of the aforesaid case is refused. 5. However, it is provided that in case the applicant appears and surrenders before the court below within two weeks from today and applies for bail, his prayer for bail shall be considered and decided in view of the settled law laid by this court in the case of 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. 6. For a period of two weeks from today or till the disposal of the application for bail whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case. 7. It is made clear that in case the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against him. With the aforesaid directions, this petition is disposed of.