Citation : 2011 Latest Caselaw 5268 ALL
Judgement Date : 19 October, 2011
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 26 Case :- U/S 482/378/407 No. - 3543 of 2010 Petitioner :- Jaid Ahmad And Others Respondent :- State Of U.P. And Another Petitioner Counsel :- Rayees Ahmad Khan 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 proceedings of complaint case No. 56 of 2009 under section498-A, 323 IPC and section 3/4 D.P. Act pending in the court of learned Judicial Magistrate/ Civil Judge (J.D.), Balrampur.
From the perusal of the record it appears that learned Magistrate has taken the cognizance and summoned the applicant 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 irregularities in the above mentioned case order, therefore, the prayer for quashing the proceedings of the above mentioned case 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 this direction, this application is finally disposed of.
Order Date :- 19.10.2011
RPD
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