Court No. - 53 Case :- APPLICATION U/S 482 No. - 25631 of 2010 Petitioner :- Rajendra Singh And Others Respondent :- State Of U.P. & Another Petitioner Counsel :- Ravindra Nath Rai,Ashok Kumar Rai Respondent Counsel :- Govt. Adovcate Hon'ble Shri Kant Tripathi,J.
Heard learned counsel for the applicants and for the respondent no. 2
and the learned AGA for the respondent no. 1 and perused the record.
It appears that the learned Magistrate has refused to discharge the
applicants and proceeded to frame charges under sections 323, 452, 147
and 342 IPC against him. The learned counsel for the applicants
submitted that the prosecution is malicious and there was no material to
support the prosecution case. It was further submitted that five persons
of a family have been implicated, therefore, personal appearance of the
applicants may be directed to be exempted.
The petition has no merit. However it is open for the applicants to move
an application for exemption from their personal attendance in the
court. If any such application is moved, the same may be considered and
disposed of in the light of the law laid down in the case of Bhaskar
Industries Ltd Vs. Bhiwani Denim and Apparels Ltd.[ (2001) 7 SCC
401].
With the aforesaid observations, the petition is disposed of finally.
Order Date :- 10.8.2010
shailesh