Om Prakash and Ors v. The State of U.P and Anr

Court No. - 11 Case :- APPLICATION U/S 482 No. - 2982 of 2013 Applicant :- Om Prakash And Ors. Opposite Party :- The State Of U.P And Anr. Counsel for Applicant :- Manoj Kumar Misra,Ashutosh Pandey Counsel for Opposite Party :- Govt. Advocate,Rakesh Mishra Hon'ble Saurabh Lavania,J.

¶1Heard.

¶2Present application has been filed with the following main reliefs: "to set aside the summoning order dated 21.01.2012 passed by Learned Judicial Magistrate, Pratapgarh in Case No. 1532/11 'Rajendra Prasad Vs Om Prakash & others' by means of which Learned Magistrate has summoned applicant under section 323, 504, 506, 392 IPC and also set aside the order dated 08.05.2013 passed by Learned Additional Sessions Judge, Court No.11, Pratapgarh in Criminal Revision No. 224/12 'Om Prakash & others Vs State', by means of which he has dismissed the Revision of applicants and also quash the entire proceedings in Case No. 1532/11 'Rajendra Prasad Vs Om Prakash& others' pending before the Judicial Magistrate, Pratapgarh relating to Police Station Kohdaur, under section 323, 504, 506, 392 IPC, in the interest of justice."

¶3After arguing at length, learned counsel for the applicants states that justice would suffice if direction is issued to the Trial Court to pass an order in exercise of power under Section 256 Cr.P.C. in the light of the fact that since more than fifty eight dates, complainant has not appeared before the Trial Court.

¶4Considering the aforesaid as also the fact that the prayer has not been opposed, the present application is disposed of with the direction to the Trial Court to pass appropriate order after taking note of aforesaid expeditiously. Order Date :- 6.12.2023 Mohit Singh High Court of Judicature at Allahabad, Lucknow Bench