Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 146843 (ALL)

RAKESH KUMAR AND 3 OTHERS v. STATE OF U.P. THRU. SECY. HOME LKO. AND ANOTHER

A482/5121/2025 · 2025-06-26

Subhash Chandra Sharma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:36474 Court No. - 11 Case :- APPLICATION U/S 482 No. - 5121 of 2025 Applicant :- Rakesh Kumar And 3 Others Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And Another Counsel for Applicant :- Surya Kumar,Pushpendra Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the applicants as well as learned A.G.A. for the State. The present application u/s 482 Cr.P.C. has been moved with prayer to quash the summoning order dated 13.02.2018 as well as the entire proceeding of the Complaint Case No.206 of 2017 (Sundara vs Rajesh Kumar and others), under Sections 323, 452, 427, 504, 506 I.P.C., Police Station Laliya, District Balrampur and also prays to stay the further proceedings of the aforesaid case. It is submitted that in this case complaint has been filed against the applicants on false and frivolous grounds. The statements of complainant as well as other witnesses have been recorded u/s 200 & 202 Cr.P.C. by the learned court. There is material contradiction in the statements of complainant and witnesses. No case u/s 323, 452, 427, 504, 506 is made out. This complaint has been filed to make harassment of applicants. Learned court below has also not considered all these facts while passing the order dated 13.02.2018 by which applicants have been summoned. Therefore, requested to quash the impugned order as well as proceeding of the case. Learned A.G.A. opposed the prayer for quashing the same. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and the perusal of record shows that Magistrate has passed the order dated 13.02.2018 while applying his judicial mind. The veracity and reliability of prosecution witnesses cannot be tested at this stage but it can only be done during trial. There appears no illegality and impropriety in the order passed by the Magistrate. Therefore, there is no ground to quash the order dated 13.02.2018 and the proceeding of the case. However, if applicants surrender and move bail application before the court concerned within a period of 30 days from today, the same shall be disposed of expeditiously as far as possible in the light of case of Satender Antil vs. Central Bureau of Investigation and another LL 2021 SC 550 decided by Hon'ble the Apex Court. Accordingly, this application stands disposed of finally. Order Date :- 26.6.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench