AMAR NATH ALIAS PINTOO BABA Vs. STATE

JUDGEMENT

(1.) HEARD Sri Indra Mani Tripathi, learned Counsel for the applicant and the learned A.G.A.

(2.) THIS application has been filed by the applicant Amar Nath alias Pintoo Baba with a prayer to quash the order dated 10.2.2010 passed by the learned C.J.M. Siddharth Nagar in criminal case No. 1114 of 2002 arising out of police report submit ­ted in case crime No. 35 of 2002 under sec ­tions 120-B read with section 394/3021.P.C. P.S. Basi district Siddharth Nagar and to quash the proceedings of the above men ­tioned case pending in the Court of learned C.J.M. Siddharth Nagar.

(3.) THAT in the present case even on the basis of the material collected by the I.O. no offence under sections 120-B read with 394/302 I.P.C. is made out against the applicant, the learned C.J.M. Siddharth Nagar has taken cognizance without apply ­ing the judicial mind and without perusing the record the impugned order dated 10.2.2010 has been passed issuing N.B.W. and process under sections 82-83 Cr.P.C. against the applicant registering a case against the sureties. In case the applicant is prosecuted the applicant shall suffer ir ­reparable loss including the order dated 10.2.2010 passed by the C.J.M. Siddharth Nagar.