Court No. - 54 Case :- APPLICATION U/S 482 No. - 1090 of 2010 Petitioner :- Uma Shanker And Another Respondent :- State Of U.P. And Others Petitioner Counsel :- S.C. Shukla 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 5.9.209
passed by A.C.J.M.II, Jaunpur in Criminal Case No. 396 of 2003
whereby the learned Magistrate has taken the cognizance and
summoned the applicants to face the trial for the offences punishable
under sections 323, 325, 504, 506 I.P.C.
From the perusal of the record it appears that the final report submitted
by the I.O. has been rejected by learned Magistrate concerned and has
taken the cognizance after considering the material collected by the I.O.
during investigation. There is no illegality or irregularity in the
impugned order ,therefore, the order prayer for quashing the impugned
order is refused.
However, considering the facts and circumstances of the case, it is
directed that in case 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 the above direction, this application is finally disposed of.
Order Date :- 19.1.2010
Su