Allahabad High Court High Court

Rakesh @ Amola vs State Of U.P. And Another on 18 January, 2010

Allahabad High Court
Rakesh @ Amola vs State Of U.P. And Another on 18 January, 2010
Court No. - 54

Case :- APPLICATION U/S 482 No. - 1050 of 2010

Petitioner :- Rakesh @ Amola
Respondent :- State Of U.P. And Another
Petitioner Counsel :- Ken Singh
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 by the applicant with a prayer to quash the
order 12.10.2009 passed by the learned Additional Chief Judicial
Magistrate, Ist Jaunpur whereby the applicants have been summoned to
face the trial for the offence punishable under sections
323,504,506,452,392 and 325 I.P.C.

From the perusal of the impugned order it appears that learned Magistrate
has taken cognizance and summoned the applicants after considering the
complaint and statements recorded under sections 200 and 202 Cr.P.C.
which discloses the offence against the applicants. There is no illegality
or irregularity in the impugned order therefore, the order prayer for
quashing the impugned order is refused.

However, considering the facts and circumstances of the case, it is
directed that applicant or applicants move or moves 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 applicant moves the
application for bail on the day of the appearance or surrender, the same
shall be considered and disposed of on the same day by the courts below
With the above direction the application is finally disposed of.
Order Date :- 18.1.2010
N.A.