Court No. - 54 Case :- APPLICATION U/S 482 No. - 3314 of 2010 Petitioner :- Rajesh Respondent :- State Of U.P. & Another Petitioner Counsel :- Sumit Goyal Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicant and learned A.G.A.
This application has been filed with a prayer to quash the proceedings of
complaint case no. 247 of 2009 under section 394 IPC, P.S. Badgaon,
District Saharanpur pending in the court learned Addl. Civil Judge (J.D.),
Deoband, District Saharanpur.
From the perusal of the impugned order it appears that learned Magistrate
has taken the cognizance and summoned the applicant after considering
the complaint and statements recorded under sections 200 and 202
Cr.P.C. which discloses the offence against the applicant. There is no
illegality or irregularities in the proceedings of the above mentioned case,
therefore, the prayer for quashing the same is refused.
However, considering the facts and circumstances of the case, it is
directed that applicant moves application for appearance/ surrender before
the court concerned within 30 days from today on which the court
concerned shall fix the date of surrender/appearance, in the meantime the
court concerned shall seek the instructions from the prosecution side. In
case the applicant moves the application for bail on the day of the
appearance or surrender, the same shall be considered and disposed of
on the same day by the courts below.
With this direction, this application is finally disposed of.
Order Date :- 3.2.2010
RPD