Court No. - 54 Case :- APPLICATION U/S 482 No. - 1182 of 2010 Petitioner :- Kishore And Others Respondent :- State Of U.P. And Another Petitioner Counsel :- S.K. Singh 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
5.10.2009 passed by learned Special Judge (D.A.A.) Jhansi in Special
Case No. 190 of 2009 whereby the applicants have been summoned to
face the trial for the offences punishable under sections 364, 395 I.P.C.
From the perusal of the record it appears that after considering the
complaint and statements recorded under sections 200 and 202 Cr.P.C.,
which disclose the offence, the learned Magistrate has taken cognizance
and summoned the applicants. There is no illegality or irregularity in the
impugned order dated 5.10.2009, therefore, the prayer for quashing the
order is refused.
However, it is directed that in case the applicant Nos. 1, 2 and 3 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 expeditiously, if possible, on the
same day by the courts below.
So far as applicant no.4 Rachhna is concerned, in case she appears
before the court concerned and applies for bail the same shall be heard
and disposed of on the same day.
With this directions, the application is finally disposed of.
Order Date :- 19.1.2010
Su