Court No. - 54 Case :- APPLICATION U/S 482 No. - 27954 of 2009 Petitioner :- Satya Prakash And Others Respondent :- State Of U.P. And Another Petitioner Counsel :- Ajay Kr. Srivastava Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Abhishek Pandey, Advocate files memo of appearance on behalf of the
opposite party no. 2.
The applicant no. 1 and 2 and opposite party no. 2 were directed by this Court
to be personally present on 29.10.2009 but applicant no. 1 and 2 are not
present whereas opposite party no. 2 Smt. Manju Devi is present in the Court.
On a query made by this Court, Smt. Manju Devi stated that she wants to live
with her husband but she had been badly beaten. Counsel for the applicants is
not present. Applicant no. 1 and 2 are also not present.
This transfer application has been filed with a prayer to quash the proceedings
of the complaint case no. 1579 of 2009 under Sections 498-A, 323, 504 and
506 I.P.C. and 3/4 D.P. Act, pending in the court of learned Judicial
Magistrate, Farrukahabad, P.S. Kotwali, District-Farrukhabad.
From the perusal of the record, 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 prayer for quashing the proceedings of the
above mentioned case is refused. The interim order dated 29.10.2009 is
hereby vacated.
Accordingly, this application is dismissed.
Order Date :- 21.1.2010
prabhat