Court No. - 54 Case :- APPLICATION U/S 482 No. - 2404 of 2010 Petitioner :- Shiv Kumar And Others Respondent :- State Of U.P. And Another Petitioner Counsel :- Sushil Kumar 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 with a prayer to quash the order dated
5.2.2009 passed by the learned IIIrd Judicial Magistrate Saharanpur in
complaint case No., 4000 of 2007 whereby the applicants have been
summoned to face the trial for he offencs punishable under sections
452, 323, 324, 504, 506 I.C.P.C.
From the perusal of the impugned, 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, there is no illegality in the
prosecution of the applicants, therefore, the prayer for quashing the
proceedings order is refused.
However, considering the facts and circumstances of the case, it is
directed that applicants move 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 applicants move 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, this application is finally disposed of.
Order Date :- 28.1.2010
Su