Court No. - 28 Case :- U/S 482/378/407 No. - 4905 of 2009 Petitioner :- Virendra Kumar, Respondent :- State Of U.P.,Thru. Nyayalaya Ii Upper Mukhya Nyayik & Other Petitioner Counsel :- Parmeshwar Dutt Tiwari Respondent Counsel :- G.A. Hon'ble Alok K. Singh,J.
This petition has been filed to invoke the inherent powers of this Court
to quash the order dated 30.08.2008 by means of which the final report
has been rejected and protest petition has been allowed. The learned
Magistrate has summoned the petitioner under Sections 376/511, 452,
504, 506 IPC. A perusal of the impugned order shows that it has been
passed after considering the pros and cons of the matter particularly the
material available on record. Therefore, there is no occasion to invoke
the inherent powers of this Court to quash the order in question.
However, the learned counsel for the petitioner submits that he being a
law abiding citizen intends to appear before the court below and
participate in the proceedings.
In view of the facts and circumstances of the case, it is provided that if
the petitioner appears before the court below within 10 days from today
and applies for bail the same be considered expeditiously.
Till the aforesaid period of 10 days no coercive measure shall be taken
against the petitioner.
With the aforesaid direction the petition is disposed of finally.
Order Date :- 4.1.2010
Shaakir/