MADHU SHANKAR Vs. STATE OF U P

JUDGEMENT

(1.) This application under Section 482 Code of Criminal Procedure has been filed with a prayer to quash the order dated 23.12.2010 passed by Add. Civil Judge-Ill (Jr. Div.)/Judicial Magistrate, Mirzapur in complaint case No. 270 of 2009 under Sections 147, 148, 149, 452, 323, 504, 506 IPC, P.S. Jamalpur, District Mirzapur.

(2.) The applicant was summoned to face trial under Sections 147, 148, 149, 452, 323, 504, 506 IPC. The proceedings of the complaint case were challenged by the applicants by means of an Application under Section 482 Code of Criminal Procedure No. 26426 of 2010, which was disposed of on 25.8.2010 with a direction that if the applicants moved an application under Section 245(2) Code of Criminal Procedure through counsel within 30 days, the same shall be heard and disposed of expeditiously in accordance with the provisions of law. Accordingly, an application under Section 245(2) Code of Criminal Procedure was moved on 16.9.2010 praying for discharge and the same has been dismissed by order dated 23.12.2010 on the ground that it is not proper to proceed under Section 245(2) Code of Criminal Procedure and the applicants have not yet surrendered and their prayer will be considered after proceedings under Section 244 Code of Criminal Procedure

(3.) Learned Counsel for the applicants submitted that in accordance with the directions of this Court dated 25.8.2010, the Magistrate was bound to dispose of the application under Section 245(2) Code of Criminal Procedure on merits without insisting the surrender by the applicants.