Court No. - 54 Case :- APPLICATION U/S 482 No. - 28434 of 2009 Petitioner :- Dinesh And Others Respondent :- State Of U.P. And Another Petitioner Counsel :- Santosh Tripathi Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicants and learned A.G.A.
In pursuance of the order dated 4.11.2009, O.P.No.2 Smt. Asha Devi is
present in the Court. On a query made by the Court, Smt. Asha Devi
stated that she does not want to enter into a compromise with her
husbad.
This application has been filed with a prayer to quash the order dated
18.8.2009 passed by ACJM II, Allahabad in case no. 3566 of 2008
whereby they have been summoned to face the trial for the offences
punishable under sections 498-A, 323, 504, 506 I.P.C.and ¾ D.P.Act.
From the perusal of the impugned order dated 18.8.2009 , it appears that
learned Magistrate has taken cognizance and summoned the applicant
after considering the complaint and statements recorded under sections
200 and 202 Cr.P.C. which disclose the offence against the applicants.
There is no illegality or irregularity in the impugned order and in
prosecution of the applicants, therefore, the prayer for quashing the
proceedings is refused.
Interim order dated 4.11.2009 is hereby vacated.
However, considering the fact it is directed that in case applicants move
an 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 heard and disposed of on the same day by the courts
below
With this direction, this application is finally disposed.
Order Date :- 2.2.2010
Su