Hakim Singh and Others vs The State of U.P and Another

Hon''ble Sudhir Kumar Saxena, J.—This petition is directed against the order dated 16.10.2012 passed by Additional Chief Judicial Magistrate, Lucknow, under Sections 323, 504, 506, 452 I.P.C. From the statements u/s 200 and 202 Cr.P.C. and submissions of Sri Bal Keshwar, Advocate, appearing for respondent no. 2, it appears that number of cases are pending between the parties.

Sri Shailendra Pratap Singh, learned counsel for the petitioners states that Hakim Singh and Puspa are on bail in one case and Jitendra and Soni are juvenile.

Since summoning order has been passed on the basis of material on record, it cannot be said that there is no material to summon and issue process against the petitioners.

Consequently, petition lacks merits and is dismissed.

However, petitioner nos. 3 & 4 may raise the plea of juvenile before the learned Magistrate who will consider the same and act in accordance with law. Similarly, Hakim Singh and Smt. Puspa are directed to surrender before the courts below within one month from today and apply for bail which shall be considered and decided by the courts below in view of the settled law laid down by Hon''ble Apex Court in the case reported in Lal Kamlendra Pratap Singh Vs. State of U.P. and Others, Lal Kamlendra Pratap Singh Vs. State of U.P. Trial court will be free to impose such conditions which deem fit for preventing such occurrence between the parties in future. For a period of one month, no coercive measure shall be taken against the petitioners.