Disposed

Manoj Verma and Others v. State of U.P Thru. Prin. Secy. Home and Another

Allahabad HC16 Mar 2022/1223/2022

Case brief

AI extract

What is this about?

In this quashing petition filed under Section 482 Cr.P.C., the applicant sought to quash the summoning order and entire proceedings due to alleged false implication. The court did not quash the proceedings but granted liberty to file a bail application.

What did the court decide?

The petition was disposed of; the applicant was granted liberty to file a bail application before the trial court for expeditious decision.

Manoj Verma and Others Vs State of U.P Thru. Prin. Secy. Home and Another — Allahabad HC (2022) — LawSathi Research

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Court No. - 16

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Case :- APPLICATION U/S 482 No. - 1223 of 2022

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Applicant :- Manoj Verma And Others Opposite Party :- State Of U.P Thru. Prin. Secy. Home And Another Counsel for Applicant :- Indrapal Singh Counsel for Opposite Party :- G.A

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Hon'ble Manish Kumar,J .

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Heard learned counsel for the petitioners/applicants and learned counsel for the opposite parties as well as perused the record.

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The present petition under Section 482 Cr.P.C has been filed for quashing of the summoning order dated 2.3.2020 passed by the Judicial Magistrate-I, Faizabad in complaint case no. 4429 of 2019 summoning the petitioners under Sections 323, 504, 506 I.P.C., Police Station- Kotwali Ayodhya, District- Faizabad and also for quashing of the entire proceedings of complaint case.

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Learned counsel for the petitioners/applicants have submitted that the petitioners have falsely been implicated in the complaint case due to old enmity.

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On the other hand, learned A.G.A. has submitted that the aforesaid order has been passed after the complaint under Section 153 (3) Cr.P.C. in which it is specifically mentioned that when the petitioner assaulted the respondent no. 2 then some of the villagers have dialed number 100 to the police and police came to the spot and also the medical report of the respondent no. 2 was conducted and the same was provided in the police station which makes the incident had happened in actual. Learned A.G.A. also submitted that the statements were recorded under Section 200 Cr.P.C. and 202 Cr.P.C. and thereafter the summoning order has been passed. Learned Additional Government Advocate, however, controverts the submissions of learned counsel for the petitioners on the ground that this is not a stage where minute and meticulous exercise with regard to the appreciation of evidence may be done and truthfulness of the allegations could only be tested in a criminal trial and, therefore, the petition is misconceived and liable to be dismissed.

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At this stage, learned counsel for the petitioners/applicants submits that he does not want to press the petition and seeks liberty to file bail application before the learned trial court which may be decided in view of law laid by Hon'ble Supreme

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Court in order dated 7.10.2021 passed in Petition for Special Leave to Appeal (Cri) No.5191 of 2021 Satender Kumar Antil versus Central Bureau of Investigation and another .

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Learned A.G.A. has no objection to the prayer made by learned counsel for the petitioners/applicants.

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On due consideration to the submissions of learned counsel for the parties', it is provided that in case, the petitioners/applicants appear before the trial court within fifteen days' from today and file bail application, the same shall be decided expeditiously in view of law laid down in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (supra) .

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The petition is disposed of accordingly.

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Order Date :- 16.3.2022 Anuj Singh

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Digitally signed by ANUJ PRATAP SINGH Date: 2022.03.16 13:38:39 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Manoj Verma and Others v. State of U.P Thru. Prin. Secy. Home and Another

Case brief

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Manoj Verma and Others v. State of U.P Thru. Prin. Secy. Home and Another

Case brief

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