Heard learned counsel for the applicants and learned A.G.A. This application has been filed with a prayer to quash the proceedings of Criminal Case No. 314 of 2008 arising out of the police report in case crime no. 31 of 2008 under sections 147, 148, 149, 223, 427, 395, 504, 506 I.P.C., P.S. Anwarganj, District Kanpur Nagar, pending in the court of learned M.M. Court No. X, Kanpur Nagar. From the perusal of the record, it appears that the final report was rejected, the matter was again sent for further investigation, after doing the further investigation and recording the statement of witnesses Chandra Prakash and P.L.Mishra, the final report was again submitted, the same was rejected by the Magistrate, who has taken the cognizance vide order dated 29.8.2008 after perusal of the case diary, there is no illegality in the order dated 29.8.2008, there is no illegality in prosecution of the applicant, therefore, the prayer for quashing the proceedings is refused.
However, considering the nature of allegation, it is directed that in case the applicants move application for appearance/ surrender before the court concerned within 30 days from today on which the court concerned shall fix the date of surrender/appearance, in the meantime the court concerned shall seek the instructions from the prosecution side. In case the applicants move the application for bail on the day of the appearance or surrender, the same shall be heard and disposed of on the same day by the courts below.
With this direction, this application is finally disposed. Order Date :- 13.1.2010 Su