The Court refused the prayer to quash the summoning order and criminal proceedings due to prima facie commission of the offence. Bail application is directed to be considered separately on its merits.
Obedience order prayed to be refused. Bail application to be considered on merits.
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Court No. - 5 Case :- APPLICATION U/S 482 No. - 20724 of 2018 Applicant :- Soni Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Manoj Kumar Counsel for Opposite Party :- G.A.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant and the learned A.G.A.
Bearing in mind the allegations made in the complaint, which are duly corroborated by the statement of the complainant recorded under Section 200 Cr.P.C., this Court finds no ground to hold or conclude that the commission of offences, prima facie, is not made out.
Consequently, the prayer for quashing the summoning order dated 02.02.2018 as well as entire proceedings of Complaint Case No. 427 of 2017 (Phool Kumari Vs. Soni) under Section 380 IPC, P.S. Belipar, District Gorakhpur is refused.
Insofar as the prayer for consideration of bail is concerned, this Court observes that, in case, such an application is preferred by the applicant, the same shall be considered and disposed of with expedition by the concerned Court on its own merits bearing in mind the decisions rendered by this Court as well as the Supreme Court on the subject of grant of bail.
The application is disposed of with the above observations.
Order Date :- 6.6.2018 VKS
3 issues framed by the court
Whether the offence of theft under Section 380 IPC is made out prima facie against the applicant.
Whether the prayer to quash the summoning order and proceedings in Complaint Case No. 427 of 2017 should be allowed.
Whether the applicant is entitled to bail in the present proceedings.
3 provisions across 2 enactments
Soni
State Of U.P.
Yashwant Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
