Kallu And Others vs State Of U.P. And Another
2011 Latest Caselaw 5175 ALL

Citation : 2011 Latest Caselaw 5175 ALL
Judgement Date : 17 October, 2011

Allahabad High Court

Kallu And Others vs State Of U.P. And Another on 17 October, 2011

Bench: Ravindra Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- U/S 482/378/407 No. - 562 of 2010
 

 
Petitioner :- Kallu And Others
 
Respondent :- State Of U.P. And Another
 
Petitioner Counsel :- Amit Kumar Pandey,Arun Kumar Tripathi
 
Respondent Counsel :- Govt. Advocate,Kuldeep Singh
 

 
Hon'ble Ravindra Singh,J.

Heard learned counsel for the applicants, learned A.G.A. and Sri Kuldeep Singh, learned counsel for O.P. No. 2.

This application has been filed with a prayer to quash the order dated 23.11.2008 passed by Judicial Magistrate, North, Unnao in complaint case No. 3526 of 2009 whereby the learned Magistrate concerned has taken the cognizance and summoned the applicants to face the trial for the offence punishable under sections 147, 148, 323, 504, 506, 427, 452 IPC.

From the perusal of the record it appears that the learned magistrate has passed the impugned order after perusing the complaint and statement recorded under section 200 and 202 Cr.P.C. which prima facie disclosing the aforesaid offence. There is no illegality in the impugned order, therefore, prayer for quahsing the same is refused.

However, considering the nature of the allegation, it is directed that in case applicants appear before the court concerned within 30 days from today and apply for bail, the same shall be heard and disposed of ont he same day by the courts below.

Till then the interim order dated 2.5.2011 is hereby vacated.

With this direction, this application is finally disposed of.

Order Date :- 17.10.2011

RPD