Court No. - 54 Case :- APPLICATION U/S 482 No. - 3023 of 2010 Petitioner :- Anil Yadav And Others Respondent :- State Of U.P. And Another Petitioner Counsel :- S.K. Maurya Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicants and learned A.G.A.
This application has been filed with a prayer to quash the order dated
27.6.2009 passed by Chief Judicial Magistrate Ballia in complaint case
No. 661 of 2009 whereby the applicants have been summoned to face
the trial for the offences punishable under sections 323, 504, 506 I.P.C.
From the perusal of the record it appears that learned Magistrate has
taken the cognizance and summoned the applicants vide order dated
27.6.2009 after considering the complaint and statements recorded
under sections 200 and 202 Cr.P.C. which discloses the commission of
offence against the applicants. There is no illegality or irregularity in the
impugned order, therefore, the prayer for quashing the order is refused.
However, considering the facts and circumstances of the case, it is
directed that in case the applicants move 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 applicants move
the application for bail on the day of the appearance or surrender, the
same shall be heard and disposed of on the same day by the courts
below.
With this direction, the application is finally disposed of.
Order Date :- 2.2.2010
Su