Court No. - 28 Case :- U/S 482/378/407 No. - 243 of 2010 Petitioner :- Faisal Khan, Respondent :- State Of U.P., & Another Petitioner Counsel :- Afaq Zaki Khan Respondent Counsel :- G.A. Hon'ble Alok K. Singh,J.
Heard learned counsel for the petitioner, learned A.G.A. and perused
the record.
This petition under Section 482 Cr.P.C. has been filed for quashing of
the order dated 05.01.2010.
Perusal of the impugned order shows that on that date the petitioner
who is an accused in this case was absent. The other co-accused was,
however, present. On account of absence of the present petitioner, his
sureties, namely, Taskir Alam and Naumi Lal sought 20 days time to
produce the accused, which was allowed, with an observation that no
time would be granted for this purpose in future. Thereafter, 25.01.2010
was fixed as the next date.
The learned counsel could not show any flaw in the aforesaid order. He
only submits that the petitioner, Faizal Khan, is presently in Dubai in
respect of his business and therefore he may be permitted to appear
through his counsel. In paragraph 13 of the memo of the petition, it is
mentioned that the case is at the stage of recording the evidence of
accused under Section 313 Cr.P.C.
Therefore, this prayer cannot be accepted. Petition is misconceived and
therefore, it is dismissed.
Order Date :- 22.1.2010
ML/-