Allahabad High Court High Court

Kahnhaiya And Others vs State Of U.P. And Another on 2 February, 2010

Allahabad High Court
Kahnhaiya And Others vs State Of U.P. And Another on 2 February, 2010
Court No. - 54

Case :- APPLICATION U/S 482 No. - 2926 of 2010

Petitioner :- Kahnhaiya And Others
Respondent :- State Of U.P. And Another
Petitioner Counsel :- D.K.Kushwaha
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 impugned order
dated 20.1.2010 the trial court has come to the conclusion that on the basis of
material collected by the I.O. a prima facie offence under sections
323,325,504 I.P.C. is made out and alternatively an offence under section 308
I.P.C. is also made out.

The impugned order dated 20.1.2010 is a speaking order which shows that
there was a fracture of parietal bone. There is no illegality in the order dated
20.1.2010, therefore, the prayer for quashing the same is refused.
However, considering the submission made by the learned counsel for the
applicant an offence under sections 323,325,504 I.P.C. is made out it is
directed that in case the applicants appear before the court concerned and
apply for bail, the same shall be heard and disposed of on the same day.
With this direction this application is finally disposed of.
Order Date :- 2.2.2010
N.A.