Court No. - 54 Case :- APPLICATION U/S 482 No. - 1248 of 2010 Petitioner :- Vishal Mathur Respondent :- State Of U.P. And Another Petitioner Counsel :- J.J. Munir Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicant and learned A.G.A.
This application has been filed with a prayer to quash the order
dated 5.11.2006 passed by learned Civil judge (J.D.)/ J.M.
Aligarh in criminal case No. 279 of 2006 whereby the
application under section 205(1) Cr.P.C. has been rejected.
From the perusal of the record it appears that the impugned
order has been passed by learned Magistrate concerned after
perusing the material collected by the I.O. There is no illegality
in the impugned order dated 5.11.2006, therefore, the prayer
for quashing the same is refused.
However, considering the facts that applicant has been
released on bail under section 302 IPC subsequently the
sections 420, 467, 468, 471 IPC have been added, he applicant
has not misused the liberty of bail, therefore, it is directed that
applicant moves application for appearance/ surrender before
the court concerned under the added sections 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 considered and
disposed of on the same day by the courts below, till then no
coercive steps shall be taken against the applicant.
Thereafter in case applicant move discharge application at an
appropriate stage, the same shall also be heard and disposed
of by the courts below.
With this direction, this application is finally disposed of.
Order Date :- 19.1.2010
RPD