Court No. - 43 Case :- APPLICATION U/S 482 No. - 24607 of 2010 Petitioner :- Arvind Dubey Alias Bindu And Others Respondent :- State Of U.P. & Another Petitioner Counsel :- Rahul Chaturvedi 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 proceedings of
complaint case NO. 1848 of 2009 under sections 498-A, 323 IPC pending in
the court of learned A.C.J.M.-I, Kanpur Dehat vide order dated 27.3.2010 on
which the learned Magistrate concerned has taken the cognizance and
summoned the applicants to face the trial..
From the perusal of the impugned order it appears that learned Magistrate has
taken the 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
irregularities in the impugned order, therefore, the prayer for quashing the
impugned order is refused.
However, considering the facts and circumstances of the case, it is directed
that applicants 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 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.
With this direction, this application is finally disposed of.
Order Date :- 5.8.2010
RPD