This writ petition has been filed with a prayer to quash the order dated 17.3.2010 passed by Addl. District and Sessions Judge, Court No. 1 Hathras and order dated 21.5.2009 passed by Addl. Chief Judicial Magistrate, Hathras (Annexure nos. 1 and 2 to the writ petition).
Heard learned counsel for the petitioners, learned AGA for the State and perused the impugned orders.
The petitioners have been summoned to face trial on the basis of complaint under Section 323, 356, 427, 504, 506 IPC. The summoning order was passed on the basis of statements of complainant recorded under Section 200 Cr.P.C. and the witnesses under Section 202 Cr.P.C. The revision filed by the petitioner has been dismissed by the Sessions Court. After hearing the learned counsel for the petitioners, I do not find any illegality in the impugned orders.
The writ petition is disposed of with a direction that if the petitioners surrender before the Magistrate concerned and apply for bail, their bail application be disposed of by the courts below on the same day in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 affirmed by the Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P. 2009 (3) ADJ 322 (S.C.). The writ petition is finally disposed of.
Order Date :- 29.6.2010 KU