Heard learned counsel for the applicants and learned A.G.A. for the State.
The present petition under Section 482 Cr.P.C. has been filed for quashing the order dated 29.07.2009 passed by learned Chief Judicial Magistrate, District Siddharth Nagar in Criminal Case No. 52 of 1999, under Sections 147, 324, 504, 506 I.P.C., whereby exemption application of the applicants have been rejected and non-bailable-warrant has been issued against the applicants and also for quashing of the proceedings of the aforesaid case.
It is contended by learned counsel for the applicants that from a bare perusal of the order sheet, copy of which, is annexed as Annexure-3 to the petition shows that the applicants were appearing in the aforesaid case and were co- operating in the trial but inspite of the aforesaid fact, the exemption application was rejected on 29.07.2009 and non-bailable-warrant has been issued against the applicants on the same day. It is further contended that the said order cannot be sustained in law.
Learned A.G.A. has not disputed the aforesaid contention of learned counsel for the applicants.
Accordingly, the order dated 29.07.2009, is hereby set aside. Learned counsel for the applicants undertakes that the applicants shall appear before the court below on each and every date and shall co-operate in the trial. If the applicants file an appropriate application, as per law, the same shall be considered and disposed of by the court as expeditiously as possible, in accordance with law, preferably within a period of four months from the date of production of a certified copy of this order before it.
With the aforesaid direction, this application is finally disposed off.
Order Date :- 4.1.2010 S.Ali