SHASHI KANT SINGH & OTHERS versus STATE OF U.P. & ANOTHER

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Shashi Kant Singh & Others v. State Of U.P. & Another - APPLICATION U/s 482 No. 13922 of 2007 [2007] RD-AH 10742 (26 June 2007)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Vineet Saran, J.

Heard learned counsel for the applicants as well as learned A.G.A. appearing for the opposite parties and have perused the record. With consent of the learned counsel for the parties, this petition is  being disposed of at this stage.

The petitioner is an accused in criminal complaint case no. 721 of 2006 Dashrath Vs. Shashi Kant and others under sections 147, 148, 149, 232, 452, 504, 506 I.P.C., Police Station Kasimabad, District Ghazipur. He has thus filed this petition for quashing the proceedings in the aforesaid complaint case as well as for setting aside the order dated 18.1.2007 passed by 1st  Additional Civil Judge (Junior Division) Mohammadabad, District  Ghazipur.

Having heard learned counsel for the parties, in my view, no case is made out for quashing the complaint case. It has, however, been submitted that the said complaint had been filed by the opposite party no.2 as a counterblast inasmuch as the applicants had earlier filed a complaint against the opposite party no.2 which was registered as case no. 692 of 2006 in which the opposite party no.2 and others have been summoned.

Considering the aforesaid facts it is directed that in response to the summoning order dated 18.1.2007 the applicants may not be required to appear in person and they may appear through counsel till the framing of charge against them.

With the aforesaid observation, this petition is disposed of.

dt. 26.6.2007

dps

cri.m.appl. 13922.07

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