AKHILESH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Vijai Pratap Singh holding brief of Sri Uma Nath Pandey, learned counsel for the applicant, learned A.G.A. for the State and perused the record.

(2.) This application under Section 482 Cr.P.C. has been filed with the prayer to quash the proceedings pursuant to summoning order dated 03.10.2018 passed by Chief Judicial Magistrate, Sant Kabir Nagar in Complaint Case No. 2056 of 2013 (Sarita Vs. Akhilesh and others), under Sections 452, 427, 323 IPC, P.S. Khalilabad, District Sant Kabir Nagar, pending in the court of Chief Judicial Magistrate, Sant Kabir Nagar. Submission of learned counsel for the applicant is that against the summoning order passed by learned trial court, an application was given before this Court and in that case, stay order dated 04.2.2016 was passed by this Court. Subsequently, on 03.10.2018, in view of order of Hon'ble Supreme Court considering the fact that stay order was passed on 04.2.2016 and more than six months was already passed and there was no order showing the stay order was still effective, the learned trial court in pursuance of earlier summoning order, issued summons against the applicant.

(3.) b Since the initial summoning order was in existence, there appears to be no misuse of process of court in simplyissuing the summons for appearance of applicant. In view of this, I find no valid reason to interfere with the impugned summoning order.