Court No. - 54 Case :- APPLICATION U/S 482 No. - 3251 of 2010 Petitioner :- Nitya Nand Respondent :- State Of U.P. And Another Petitioner Counsel :- Bashisth Narain Pandey Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard the learned counsel for the applicant and the learned A.G.A.
This application has been filed by the applicant with a prayer to quash
the order dated 23.12.2009 passed by Chief Judicial Magistrate, Sant
Kabir Nagar in case no. 2454 of 2009 whereby the learned Magistrate
concerned has taken the cognizance and summoned the applicant.
From the perusal of the record it appears that in the present case, the
charge sheet has been submitted in case crime no. 1386 of 2009 under
sections 376, 342, 506 I.P.C., P.S. Kotwali Khalilabad, District Sant
Kabir Nagar. On the basis of the material collected by the I.O. during
investigation, prima facie aforesaid offences are constituted. There is no
illegality in impugned summoning order, therefore, the prayer for
quashing the same is refused.
However, considering the facts and circumstances of the case, it is
directed that in case the applicant moves 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 applicant moves
the application for bail on the day of the appearance or surrender, the
same shall be heard and disposed of expeditiously by the courts below.
With this direction, the application is finally disposed of.
Order Date :- 3.2.2010
Su