Court No. - 54 Case :- APPLICATION U/S 482 No. - 2249 of 2010 Petitioner :- Atrup And Others Respondent :- State Of U.P. And Another Petitioner Counsel :- Sudhir Shandilya 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 9.11.2009 passed by C.J.M. Orai in complaint case No.
2682 of 2009 by which the learned Magistrate has taken the
cognizance and summoned the applicants to face the trial for
the offence punishable under sections 427, 506, 279, 337 IPC
and section 3(1)(X) SC/ST (P.A.) Act.
From the perusal of the impugned order it appears that learned
Magistrate has taken the cognizance and summoned the
applicant 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 :- 27.1.2010
RPD