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. 1435 of 2007 under sections 323, 504, 506, 427, 452 IPC pending in the court of learned A.C.J.M. Pratapgarh.
from the perusal of the record it appears that after considering the complaint and statement recorded under sections 200 and 202 Cr.P.C. learned Magistrate took the cognizance under sections 323, 504, 506, 427, 452 IPC and summoned the applicants vide order dated 21.1.2008. The learned Magistrate has not committed any error in taking the cognizance vide order dated 21.1.2008 and there is no good ground to quashh the proceedings of compliant case No. 1435 of 2007. The prayer for quashing the impugned order is refused.
The interim order dated 28.02.2008 is hereby vacated Considering the facts and circumstances of the case and submissions made by the learned counsel for the applicants, it is directed that in case the applicants appears before the court concerned within 30 days from today and apply for bail, the same shall be considered and disposed of in strict compliance of the direction given by full bench of this court in the case of Smt Amrawati and another Vs. State of U.P. (2004) (57) ALR, 390. Till the aforesaid period of 30 days no coercive steps shall be taken against the applicants.
It is further directed that in case any compromise applicant is moved by the parties concerned, the same shall also be heard and disposed of in accordance with law.
With the above direction the application is finally disposed of.
Order Date :- 1.9.2014 RPD