Kajjan Ali And 4 Ors. vs State Of U.P.& Another.
2011 Latest Caselaw 5273 ALL

Citation : 2011 Latest Caselaw 5273 ALL
Judgement Date : 19 October, 2011

Allahabad High Court

Kajjan Ali And 4 Ors. vs State Of U.P.& Another. on 19 October, 2011

Bench: Ravindra Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- U/S 482/378/407 No. - 1353 of 2007
 

 
Petitioner :- Kajjan Ali And 4 Ors.
 
Respondent :- State Of U.P.& Another.
 
Petitioner Counsel :- Devki Nandan Srivastava
 
Respondent Counsel :- Govt.Advocate
 

 
Hon'ble Ravindra Singh,J.

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

This application has been filed with a prayer to quash the order dated 15.6.2004 passed by learned C.J.M. Gonda in complaint case No. 2520 of 2003 whereby the learned Magistrate has taken the cognizance and summoned the applicants to face the trial for the offence under sections 147, 148, 149, 323, 504, 506 IPC and the order dated 14.3.2007 passed by learned Addl. Sessions Judge-I, Gonda in criminal revision No. 533 of 2006 whereby the revision filed by the applicant has been dismissed.

From the perusal of the impugned orders it appears that learned Magistrate has taken the 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 irregularities in the impugned order dated 15.6.2004, therefore, the prayer for quashing the impugned order dated 15.6.2004 is refused. The learned revisional court has also not committed any error in rejecting the revision. The impugned order dated 14.3.2007 is also not suffering from any illegality. The prayer for quashing the same 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