High Courts(2001) 08 AHC CK 0045

Suresh and Ors. vs State of U.P.& Ors.

Allahabad High Court · Decided on 24 August 2001

HON’BLE JUDGES
Bhagwan Din, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Case No. 1199 of 2001

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Judgment

4 paragraphs · 201 words

Bhagwan Din, J.

1.

The petitioner''s Suresh, leetu and Babloo have been prosecuted under Sections 323, 504, 506 I.P.C. and Section 8 (1) (x) of S.C. and S.T Act. The case is pending in the Court of the AC.J.M. VIII Lucknow for committal after compliance of the provisions of Section 207 Cr. P.C. from the order sheet filed by the petitioners, it appears that till 1382001, the copies of the statements of the witnesses and the chargesheet etc. could not be prepared and supplied to the petitioner''s and other accused. The dates are being fixed for appearance of the accused persons for no business to be transacted. In the circumstance the failure of the petitioners'' appearance on the date fixed would not occasion for an order issuing N.B.W. and notices to the sureties under Section 446 Cr. P.C.

2.

The application under Section 482/483 Cr. P.C. is therefore, allowed. The order dated 1382001 is quashed. The Court concerned is directed to fix a date after receipt of the copies from the Copying Department and the petitioner''s shall remain present on the said date. Any failure on their part, may be dealt with by the committing Court, according to law.

Application allowed.