Heard learned counsel for the applicants, learned AGA for the State and perused the record.
This present application under Section 482 Cr.P.C has been filed to quash the order dated 20.4.2010 passed by the learned Second Additional Chief Judicial Magistrate, Budaun in case No. 2178 of 2009, under sections 147, 148, 436 IPC, police station Dataganj, district Budaun.
Merely a bailable warrant has been issued by the impugned order passed by the learned Second Additional Chief Judicial Magistrate, Budaun.
The contention regarding the fact that record was summoned by the Sessions Judge in the revision filed by the applicants, is not sufficient and the accused will have to appear before the lower court unless there is any stay by the revisional Court. After hearing this case, it is revealed that no stay was granted by the revisional Court. Therefore, the impugned order does not suffer from any illegality and I do not find any ground to quash the same.
The writ petition is accordingly dismissed.
Order Date :- 23.6.2010 Sazia