Court No. - 54 Case :- APPLICATION U/S 482 No. - 26883 of 2009 Petitioner :- Dharm Veer Singh And Others Respondent :- State Of U.P. And Another Petitioner Counsel :- Devendra Kumar Yadav Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
In pursuance of the order dated 21.10.2009 the applicant no. 1 Dharm Veer
Singh has not appeared before this Court but opposite party no. 2 Smt. Pushpa
has appeared before this Court. She only stated before this Court that she has
filed a complaint against the applicants and she is the mother of two children
but the applicant no. 1 has performed another marriage.
This application has been filed with a prayer to quash the proceedings of
complaint case no. 2061 of 2008 under Sections 494, 109, 120-B I.P.C., P.S.
Khair, District Aligarh.
From the perusal of the record, it appears that in this case the complaint has
been filed by opposite party no. 2. After recording the statement of witnesses
under Section 200 and 202 Cr.P.C. the learned ACJM-I, Aligarh has passed
the impugned order dated 16.02.2009 the statement of witnesses disclose the
commission of the offence. There is no illegality in taking the cognizance and
summoning the applicant, the prayer for quashing the charge sheet is refused.
The interim order dated 21.10.2009 is hereby vacated.
However, considering the facts and circumstances of the case, it is directed
that applicant moves an application for appearance/surrender before the court
concerned within 20 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 expeditiously, if possible, on the same
day by the courts below.
Accordingly, this application is disposed of.
Order Date :- 11.1.2010
prabhat