Allahabad High Court
Mohd. Rizwan @ Munna & 5 Ors. vs State Of U.P. & Another on 15 November, 2010
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 19 Case :- U/S 482/378/407 No. - 458 of 2008 Petitioner :- Mohd. Rizwan @ Munna & 5 Ors. Respondent :- State Of U.P. & Another Petitioner Counsel :- M.S. Khan Respondent Counsel :- Govt. Advocate,Ashok Kumar Verma Hon'ble S.C. Chaurasia,J.
(On C.M. Application No. 112360 of 2009) List has been revised.
None appears on behalf of opposite party no. 2.
Heard learned counsel for the applicants, Sri Ram Sajivan, brief holder, learned counsel for State and perused the record. This application, supported with an affidavit, has been moved on behalf of the applicants/petitioners for recall of the order dated 30.10.2009 on the grounds enumerated in the affidavit and for restoration of the petition. Grounds seems to be sufficient.
Application is allowed and the order dated 30.10.2009 is recalled. The petition is restored to its original number. Order Date :- 15.11.2010 kkm .
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Court No. - 19 Case :- U/S 482/378/407 No. - 458 of 2008 Petitioner :- Mohd. Rizwan @ Munna & 5 Ors.
Respondent :- State Of U.P. & Another Petitioner Counsel :- M.S. Khan Respondent Counsel :- Govt. Advocate,Ashok Kumar Verma Hon'ble S.C. Chaurasia,J.
List has been revised.
None appears on behalf of opposite party no. 2.
Heard learned counsel for the petitioners, Sri Ram Sajivan, brief holder, learned counsel for State and perused the record. This petition under Section 482 Cr.P.C., has been filed with the prayer that the impugned summoning order dated 16.06.2007, contained as Annexure No. 1 to the petition and entire proceedings of Criminal Complaint Case No. 2273 of 2003, Smt. Anjum Ara Vs. Mohd. Rizwan and others, pending in the court of Additional Civil Judge (Junior Division), Court No. 3, Unnao, may be quashed. Learned counsel for the petitioners has not argued the case on merits, but, has submitted that the petitioners are willing to surrender in the concerned court and their bail application may be directed to be disposed of expeditiously and in the mean time, some protection may be provided to them. If the petitioners, Mohd. Rizwan @ Munna, Fazal Mohammad, Smt. Shakeela Bano, Nazar Mohammad, Smt. Nasreen and Gudiya, surrender in the concerned court in the said case within a period of three weeks from today and move an application for bail, the same shall be considered and disposed of by the courts below, expeditiously, in accordance with law. For the period of three weeks, the execution of Non-Bailable-Warrants issued against the petitioners shall remain in abeyance. In case of default by the petitioners, this interim order shall come to an end automatically. With these observations/directions, the petition under Section 482 Cr.P.C. stands disposed of finally. Order Date :- 15.11.2010 kkm