Baddrun Nisha And 4 Ors. vs State Of U.P.& Another.
2013 Latest Caselaw 2344 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- U/S 482/378/407 No. - 953 of 2005
 

 
Petitioner :- Baddrun Nisha And 4 Ors.
 
Respondent :- State Of U.P.& Another.
 
Petitioner Counsel :- Ashok Bajpai,A.N.Singh
 
Respondent Counsel :- Govt.Advocate,Anil Kumar Pandey,Sushil Pandey
 

 
Hon'ble Ravindra Singh,J.

List is revised.

Learned counsel for the applicants is not present.

Heard learned A.G.A.

This application has been filed with a prayer to quash the order dated  26.8.2003 passed by learned J.M.-I, Sitapur in complaint case No. 1817 of 200 4by which the learned Magistrate has taken the cognizance and summoned the applicants to face the trial for the offence punishable under sections 406. 504, 506 I.P.C.

From the perusal of the impugned order 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, therefore, the prayer for quashing the impugned order is refused.

However, considering the facts and circumstances of the case, it is directed that  in case the applicants appear before the court concerned and apply for bail within 60 days from today, the same shall be heard and disposed of in view of  Smt. Amrawati and another Vs. State of U.P. 2005 Cr.L.J. 755 which has been approved by the Hon'ble Apex Court in Lal Kamlendra Pratap Sigh Versus State of U.P reported in 2009(4) S.C.C. 437.

The interim order dated 25.4.2005 is hereby vacated.

With this direction, this application is finally disposed of

Order Date :- 17.5.2013

RPD