Court No. - 28 Case :- APPLICATION U/S 482 No. - 227 of 2010 Petitioner :- Raj Kumar And Others Respondent :- State Of U.P. And Others Petitioner Counsel :- D.K.Singh Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
Heard the learned counsel for the applicants, the learned AGA and perused
the record.
The learned counsel for the applicants submitted that the each of applicants
has been served with a notice under section 110 Cr.P.C. requiring him to
appear and reply the show cause notice and also to furnish a personal bond of
Rs. 50,000/- with two sureties each in the like amount for maintaining good
conduct during the period of three years. It was also submitted that the
question of furnishing of personal bond and sureties arises only after
consideration of the replies given by the applicant and not before that. The
learned Executive Magistrate had no jurisdiction to require the applicants to
furnish personal bonds and sureties on the date of appearance in pursuance of
the show cause notice. These points may be raised before the concerned
Magistrate who will give due consideration thereof and pass appropriate order
in accordance with law. With these observations, the petition is disposed of.
Order Date :- 13.1.2010
MTA