Court No. - 54 Case :- APPLICATION U/S 482 No. - 3245 of 2010 Petitioner :- Jagannath And Others Respondent :- State Of U.P. And Another Petitioner Counsel :- R.P. Singh Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard the learned counsel for the applicants and the learned A.G.A.
This application has been filed by the applicants with a prayer to quash
the order dated 20.11.2009 passed by CJM Etah in complaint case no.
531 of 2009 whereby the applicants have been summoned to face the
trial for the offence punishable under section 435 I.P.C.
From the perusal of the record it appears that learned Magistrate has
taken the cognizance and summoned the applicants vide order dated
20.11.2009 after considering the complaint and statements recorded
under sections 200 and 202 Cr.P.C. which discloses the commission of
offence against the applicants. There is no illegality or irregularity in the
impugned order, therefore, the prayer for quashing the order is refused.
However, considering the facts and circumstances of the case, it is
directed that in case the 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 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.
Thereafter, in case the applicants move a discharge application at the
appropriate stage, the same shall be heard and disposed of by a reasoned
order in accordance with the provisions of law.
With this direction, the application is finally disposed of.
Order Date :- 3.2.2010
Su