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. 2501 of 2008 under sections 498-A, 323, 452, 504 and 506 I.P.C., Police Station Piprieach, District Gorakhpur pending in the court of learned A.C.J.M., Court No. 17, Gorakhpur. From the perusal of the record it appears that after considering the complaint and statements recorded under sections 200 and 202 Cr.P.C., which discloses the offence, learned Magistrate has taken cognizance and summoned the applicants vide order dated 19.12.2008. There is no illegality or irregularity in the impugned order or in the prosecution of the applicants, therefore, the prayer for quashing the proceeding is refused.
However, considering the facts and circumstances of the case, it is directed that in case 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 heard and disposed of on the same day by the courts below.
For a period of 15 days from today, N.B.W. issued against the applicants shall be kept in abeyance.
With the above direction, this application is finally disposed of. Order Date :- 19.1.2010 Su