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Gridhari & Others v. State Of U.P. & Another - APPLICATION U/s 482 No. 10015 of 2007 [2007] RD-AH 8635 (8 May 2007)


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).


Hon. Ravindra Singh, J.

Heard learned counsel for the applicants and the learned A.G.A.

This application is filed by the applicants with a prayer to quash the proceedings of case no. 93 of 2006 under sections 304-B, 201, 129-B IPC pending in the court of learned II Judicial Magistrate, Sadar, Shahjahanpur.

From the perusal of the materials collected by the I.O. It appears that on the basis of the materials collected by the I.O. Prima facie offence is made out against the applicants therefore the prayer for quashing the impugned order is refused.

However, considering the fact that personal attendance of the co-accused Pradyuman has been dispensed with by the another bench of this court vide order dated 13.9.2006 in Crl. Misc. Appeal No. 12720 of 2005, it is directed that personal attendance of the applicant is dispensed with till framing of the charge. They shall appear through counsel. In case they move any discharge application the same shall be heard and disposed of by the courts below in accordance with the provisions of the law. However, in case the applicants appears before the court concerned with in 15 days from today and moves an application for exemption under Section 205 Cr.P.C., same shall be heard and disposed of in accordance with the provisions of law and the court shall take undertaking from the applicants that they shall appear on different dates if the court requires their presence. Till application for discharge is decided no coercive steps shall be taken against the applicants.

With this direction, the application is finally disposed of.




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