Court No. - 40 Case :- APPLICATION U/S 482 No. - 21554 of 2010 Petitioner :- Suleman And Others Respondent :- State Of U.P. And Another Petitioner Counsel :- Satyendra Narayan Singh,Jagdish Prasad Mishra Respondent Counsel :- Govt Advocate Hon'ble Virendra Singh,J.
Heard learned counsel for the applicants, learned A.G.A. and perused the
records.
This application has been filed with a prayer to quash the proceedings of case
no. 767 of 2008 under Sections 323, 504, 506 I.P.C., P.S. Bhopa, District
Muzaffarnagar pending in the court of Judicial Magistrate Ist , Muzaffar
Nagar as well as the cognizance order dated 11.06.2010 passed by the Judicial
Magistrate-Ist Muzaffar Nagar in the aforesaid case.
I have gone through the record, the impugned order discloses that the
allegations were made by Tahira Bano that the statement of Tahira Bano and
her husband Islamuddin were got written by the accused persons in the court
through some other persons impersonating Tahira Bano and Islamuddin.
Perusal of the record further shows that the learned lower Court, despite the
fact that a report in this regard was called for , immediately forfeited the bail
bonds of the accused/applicants and proceeded for recovery of the amount as
per provisions under section 446 Cr.P.C., which is ,in my view, very much
illegal and irregular and the impugned order is passed without giving notice
and adopting the proper procedure in this regard. Therefore the impugned
order is liable to be set aside and is setting aside with the direction to the
learned lower court to proceed with the case after adopting the proper
procedure provided for forfeiting the bail bonds and proceedings for recovery
of the bail amount.
With the above observation this application is allowed and accordingly
disposed of.
Order Date :- 25.6.2010
Naresh