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SUBRATI AND OTHERS versus STATE OF U.P. AND ANOTHER

High Court of Judicature at Allahabad

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Subrati And Others v. State Of U.P. And Another - APPLICATION U/s 482 No. 18955 of 2005 [2006] RD-AH 732 (10 January 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble M. K. Mittal, J.

Heard Sri Indrapal Singh Rajpoot, learned counsel for the accused applicants, learned A.G.A. and perused the record.

Application has been filed under Section 482 Cr.P.C. has been filed to quash the order dated 9.12.2005 passed by C. J. M. and order dated 29.7.2002 passed by A. C. J. M. Hameerpur in Criminal Case No. 1287 of 2005 under Sections 498-A, 307 IPC, P.S. Muskara, district Hameerpur. No prayer to quash the proceedings has been made. By order dated 29.7.2002, learned Magistrate directed to summon the accused persons under Sections 498-A, 307 IPC. Accused applicants moved an application for exemption of their attendance on 9.12.2005 but the same has been rejected by the learned C.J.M., Hameerpur by the impugned order on the ground that these three accused persons did not appear in the Court and without doing so moved an application for exemption of attendance. Learned Magistrate directed to issue non bailable warrants against them fixing 17.1.2006. Accused have not appeared in the Court so far and as such there was no question of exemption of their attendance.

In the circumstances, learned Magistrate has rightly passed the order and there is no ground to interfere in the same.  Application is devoid of merits and is liable to be dismissed and is hereby dismissed.

Dated: 10.1.2006

RKS/18955/05


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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