Court No. - 43 Case :- APPLICATION U/S 482 No. - 24785 of 2010 Petitioner :- Akhtar Raza And Others Respondent :- State Of U.P.And Another Petitioner Counsel :- Anwar Ali,Sanjai Kumar Pandey 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 order dated
28.5.2010 passed by the IInd Judicial Magistrate, Ballia in complaint
case no. 1149 of 2009 whereby the applicants have been summoned to
face the trial for the offence punishable under sections 323 and 506 I.P.C.
From the perusal of the impugned order it appears that learned Magistrate
has taken cognizance and summoned the applicants after considering the
complaint and statements recorded under sections 200 and 202 Cr.P.C.
which discloses the offence against the applicants. There is no illegality
or irregularity in the impugned order therefore, the order prayer for
quashing the impugned order is refused.
However, considering the facts and circumstances of the case, it is
directed that applicants shall move 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 applicants move the application for bail on the day of the
appearance or surrender, the same shall be considered and disposed of
expeditiously on the same day by the courts below.
With the above direction, this application is finally disposed of.
Order Date :- 5.8.2010
N.A.