Court No. - 41
Case :- APPLICATION U/S 482 No. - 28809 of 2019 Applicant :- Tinnu Pandey @ Pradeep Pandey And Another Opposite Party :- State Of Up And Another Counsel for Applicant :- Randhir Jain,Sandeep Kumar Keshari Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
The present application under Section 482 Cr.P.C. has been filed for quashing the summoning (B.W.) order dated 3.6.2019 passed by the A.C.J.M, Room No. 10, Varanasi in Case No. 206 of 2019 (State Vs. Dablu Pandey and another) under Sections 323, 504, 506, 354-Kha, 452 IPC arising out of Case Crime No. 0246 of 2018, P.S. Mirzamurad, District Varanasi pending in the court of Additional Chief Judicial Magistrate, Court No. 10, Varanasi.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
Prior to this application, the applicants have moved an application under Section 482 Cr.P.C. numbered as 14153 of 2019 which was dismissed by this Court vide order dated 12.4.2019. Submission of learned counsel for the applicants is that in this application, applicants have made prayer for quashing the order of bailable warrant dated 3.6.2019. The application No. 14153 of 2019 was filed on behalf of applicants for quashing the charge sheet as well as entire proceedings of the case which was dismissed by this Court vide order dated 12.4.2019.
Considering the facts and circumstances of the case, I do not find any ground to quash the summoning/B.W. order dated 3.6.2019 passed in the aforementioned case, therefore, the prayer for quashing the summoning/B.W. order is hereby refused.
However, if the applicants appear and surrender before the court below within a period of 30 days from today and apply for bail, their prayer for bail be considered and decided expeditiously in accordance with law.
With the aforesaid observation, this application is finally disposed of.
Order Date :- 25.7.2019 Mohit