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Allahabad High Court
Afsar And Another vs State Of U.P. And Another on 29 January, 2010
Court No. - 54

Case :- APPLICATION U/S 482 No. - 2440 of 2010

Petitioner :- Afsar And Another
Respondent :- State Of U.P. And Another
Petitioner Counsel :- Neelam Tripathi,K.M. Tripathi
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 19.12.2009 passed
by the learned Chief Judicial Magistrate, Hathras in complaint case no. 1461
of 2008 whereby the discharge application filed by the applicant has been
dismissed.

From the perusal of the record it appears that the application of the applicant
under section 245(2) Cr.P.C. has been dismissed on 12.1.2009 by he learned
magistrate concerned on technical ground. The applicant has not been
released on bail. There is no illegality in the impugned order dated
19.12.2009, therefore, the prayer for quashing the same is refused.
However, in case, the applicants appear before the court concerned within 30
days from today and apply for bail, the same shall be heard and disposed of
on the same day.

Thereafter, in case the applicant move a fresh application under section
245(2)
Cr.P.C. the same shall be treated as a fresh case and without being
prejudiced by the earlier order dated 19.12.2009.
With this direction this application is finally disposed of.
Order Date :- 29.1.2010
N.A.


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