Disposed

Sunil Kumar @ Yogendra Kumar and Others v. State of U.P. Thru Prin Secy Home Civil Sectt and Another

Allahabad HC5 Mar 2022/958/2022

Case brief

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What is this about?

Court disposed of a Section 482 Cr.P.C. petition challenging a summoning order. Applicant sought liberty to prefer bail in trial court per Satender Kumar Antil judgment. Court directed appearance and bail application within ten days.

What did the court decide?

Petition disposed; applicant directed to appear in trial court within ten days and file bail application for expedited decision.

Sunil Kumar @ Yogendra Kumar and Others Vs… — Civil Procedure and Limitation | Allahabad HC (2022)

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Court No. - 16

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Case :- APPLICATION U/S 482 No. - 958 of 2022

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Applicant :- Sunil Kumar @ Yogendra Kumar And Others Opposite Party :- State Of U.P. Thru Prin Secy Home Civil Sectt And Another Counsel for Applicant :- Vikas Sharma,Pawan Kumar Maurya

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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, learned AGA and perused the record.

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In view of order being proposed to be passed, notices to opposite party no.2 stand dispensed with.

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The present petition under Section 482 Cr.P.C. has been preferred by the petitioners against the summoning order dated 03.05.2019 passed by Additional Chief Judicial Magistrate, court no. 5, Hardoi in complaint case no. 3213/2019 under Sections 323, 452, 427, 504 IPC, P.S.Bilgram, District Hardoi and also for setting aside the proceedings of the complaint case as mentioned above.

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Learned counsel for the petitioners has submitted that the present complaint case filed by opposite party no. 2 is an outburst of complaint filed under Section 156(3) Cr.P.C. by the mother of the petitioner nos. 1 & 2 against five persons including opposite party no. 2. It is further submitted that the punishment provided under the aforesaid sections are less than seven years.

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On the other hand, learned AGA has submitted that from the complaint made by opposite party no. 2 and the statements recorded under Sections 200 & 202 Cr.P.C., offence is made out against the petitioners and the submissions raised relate to the disputed questions of fact that whether any such incident had ever occurred is to be determined only after adducing the evidence in the trial. 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 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 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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On due consideration to the submissions of learned counsel for the parties', it is provided that in case, the petitioners appear before the trial court within ten 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 :- 5.3.2022 Nitesh

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Digitally signed by NITESH KUMAR TEWARY Date: 2022.03.05 15:11:38 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Sunil Kumar @ Yogendra Kumar and Others v. State of U.P. Thru Prin Secy Home Civil Sectt and Another

Case brief

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What did the court decide?

Sunil Kumar @ Yogendra Kumar and Others v. State of U.P. Thru Prin Secy Home Civil Sectt and Another

Case brief

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What the court decided

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