The petitioners have challenged the order dated 06.10.2009 passed by the Chief Judicial Magistrate, Bahraich, whereby they have been summoned for trial in case crime no. 24/2007 under Sections 147,148, 149, 323, 504, 506, 427, 452, 395 I.P.C. on the ground that during the course of investigation, no offence is said to have been committed by the petitioners. A Final report was submitted by the Police before the Chief Judicial Magistrate concerned but on the protest application, the petitioners have been summoned for trial. He further submits that the petitioners have been summoned for trial under section 395 only on the basis of police report; whereas the First Information Report was not lodged under that very Sections.
However, considering the facts and circumstances of the case, I am not inclined to interfere in the proceedings of the Court below but I hereby provide that if the petitioners appear before the Chief Judicial Magistrate concerned and move the applications of bail, the same shall be considered and appropriate order shall be passed expeditiously, if possible on the same day.
Accordingly, the Criminal Miscellaneous case is disposed of finally.
Order Date :- 16.6.2010 GSY