Court No. - 72
Case :- APPLICATION U/S 482 No. - 7425 of 2019 Applicant :- Pranshu Gautam And Another Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Qazi Vakil Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
This application u/s 482 Cr.P.C. is directed against the order dated 3.12.2018 whereby the learned Additional City Magistrate - VII, Kanpur Nagar has directed the applicants to file their personal bonds of Rs.50,000/- in proceedings under Section 107/116 of the Code of Criminal Procedure.
Learned counsel for the applicants has relied upon an order of this Court passed in Application u/s 482 Cr.P.C. No.34300 of 2018 (Mohammad Jameel Vs. State of U.P. & 3 others) wherein the order of the learned City Magistrate was set aside on two grounds. Firstly, the Magistrate could not assume jurisdiction to proceed under Section 110 Cr.P.C. and further that the order has been passed in a cyclostyled manner.
In the present case, in view of the apparent threat a challani report was submitted before the Magistrate on which the Magistrate has issued the notice inviting personal bonds of Rs.50,000/- from the applicants. The order is by due application of mind and there is nothing which can demonstrate that the order is on a cyclostyled format.
In view of the aforesaid, I am not inclined to entertain this application. However, it is provided that on appearance of the applicants before the City Magistrate, Kanpur Nagar pursuant to the order dated 3.12.2018, their bail bonds will be accepted and the Magistrate shall pass order in accordance with law.
This application, accordingly, stands disposed of.
Order Date :- 25.2.2019
Anand Sri./-