Court No. - 29
Case :- APPLICATION U/S 482 No. - 26507 of 2010 Applicant :- Bhullu And Others Opposite Party :- State Of U.P. & Another Counsel for Applicant :- Ramesh Chandra Gupta Ii Counsel for Opposite Party :- Govt. Advocate,R.L. Deobanshi
Hon'ble Dr. Kaushal Jayendra Thaker,J.
Called in revised. None present for respondent. I have heard Sri Ramesh Chandra Gupta, learned counsel for applicant.
This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Compliant CaseNo. 639 of 2009 ( Smt. Jairani Vs. Bhullu & Others) under Sections452, 323, 504, 506 IPC, Police Station Ghazipur, District Fatehpur including the summoning order dated 3.3.2010 passed by Additional Chief Judicial Magistrate, Court No. 10 , Fatehpur.
It is stated that the incident did not occur as stated in the compliant. Summoning order is a well reasoned order.
While going through the summoning order, it is clear that proper reasons have been assigned by the Court below. No case is made out for quashing the proceeding or the summoning order.
The factual data will have to be ascertained by the Trial Court by leading evidence.
This 482 petition lacks merit and is accordingly dismissed. Interim order, if any, stands vacated.
However, if the accused appears before the Trial Court on or before 21st December, 2018 from today and applies for bail, his prayer for bail may be considered and decided on or before 30th December, 2018.
Order Date :- 30.11.2018 Mukesh