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RATI RAM KATHERIYA & OTHERS versus STATE OF U.P. & ANOTHER

High Court of Judicature at Allahabad

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Rati Ram Katheriya & Others v. State Of U.P. & Another - APPLICATION U/s 482 No. 16850 of 2005 [2005] RD-AH 6187 (22 November 2005)

 

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 Mukteshwar Prasad J.

Heard learned counsel for the applicants, learned A.G.A. and perused the record.

This is an application on behalf of the applicants for quashing the entire proceedings of complaint case no. 803 of 2000 pending in the court Judicial Magistrate, Bareilly filed by opposite party no.2 as well as summoning order-dated 19.10.1995. It has also been submitted that the court below has issued non-bailable warrants against the applicants.

At this stage, applicants' learned counsel prays for staying the operation of the impugned order-dated 30.8.2005. He further prays that the

applicants may be allowed sometime to appear in the court below.

After having heard learned counsel for the parties, this application under Section 482 Cr.P.C. stands disposed of finally as under:

The accused-applicants are allowed to appear in the court below by 12.12.2005. Till then, operation of the impugned order-dated 30.8.2005 shall remain stayed.

In case the applicants surrender and apply for bail, their prayer for bail shall be heard and disposed of as per decision of this Court given in Smt. Amarawati and another Vs. State of U.P., reported in 2004 (57) A.L.R. 390.

Copy of this order be supplied to learned counsel for the applicants within three days on payment of usual charges.

22.11.2005

OP/16850/05


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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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