Ramesh Sinha, J. - (1.) PARCHA filed by Sri Balbeer Singh, learned counsel on behalf of opposite party No. 2 is taken on record. Heard Sri Deepak Tripathi, learned counsel for the applicants, Sri Balbeer Singh, learned counsel for the opposite party No. 2 and learned A.G.A. This application under Section 482 Cr.P.C. has been filed for quashing the proceeding including summoning order dated 13.05.2013 of Complaint Case No. 400 of 2012 (Smt. Niraj Vs. Devendra alias Tinku and others), under Section 406 IPC, P.S. Etamdaula, district Agra pending in the Court of Addl. Chief Judicial Magistrate, Court No. 12, Agra.
(2.) AFTER having very carefully examined, the submissions made by the learned counsel for the parties and perused the material brought on record, I find that so far as applicant Nos. 1, 2 and 3 namely, Devendra alias Tinku, Chhotey Lal and Smt. Rajeshwari is concerned, there is no justification for quashing the impugned order and prosecution of the aforementioned case. The prayer to that extent on behalf of applicant Nos. 1 to 3 is hereby refused.
(3.) HOWEVER , it is directed that in case the applicant Nos. 1, 2 and 3 namely, Devendra alias Tinku, Chhotey Lal and Smt. Rajeshwari surrender before the court below within 30 days from today and apply for bail, their prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in, 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in : 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.;