Court No. - 43 Case :- APPLICATION U/S 482 No. - 9072 of 1993 Petitioner :- Nabi Mishra Respondent :- State Petitioner Counsel :- Akhilesh Srivastava Respondent Counsel :- Aga 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. 435 of 1992 under sections 147 / 395 I.P.C.
pending in the court of learned III Judicial Magistrate, Aligarh.
From the perusal of the record it appears that after considering the
complaint and statements recorded under sections 200 and 202
Cr.P.C.,which disclose the commission of the offence , the learned
Magistrate has taken cognizance and summoned the applicants vide
order dated 31.8.1992. The order dated 31.8.92 is not suffering from
any illegality. The revisional court has also not committed any error in
dismissing the revision vide order dated 12.4.1993 passed by Ist Addl.
Sessions Judge, Aligarh in Criminal Revision No. 808 of 1992 ,
therefore, the prayer for quashing the proceedings of above mentioned
case is refused.
The interim order dated 14.6.93 is hereby vacated.
However, it is directed that in case the applicants appear before the
court concerned within 2 months from today and apply for bail, the
same shall be heard and disposed of by courts below.
With the above direction, this application is finally disposed of.
Let a certified copy of this order be communicated to learned Sessions
Judge/C.J.M. Aligarh within a week for passing appropriate order in the
above mentioned case.
Order Date :- 19.7.2010
Su