List revised. Counsel for the applicant is not present.
This application has been filed by the applicant Maharaj Singh
with a prayer to quash the proceedings of Special Trial No. 91 of
1989 Rejendra Tiwari Vs. Maharaj Singh and Others pending in
the court of Special Judge (D.A.A.), Mainpuri.
From the perusal of the record, it appears that in the present case
opposite party no. 2 has lodged the complaint against applicant.
Thereafter the statements under section 200 and 202 Cr.P.C were
recorded. After considering the complaint and statements recorded
under section 200 and 202 Cr.P.C, learned Special Judge (D.A.A)
has taken cognizance and summon the applicant to face the trial
for offence punishable under section 394 IPC. The allegations
made in the complaint and the statements recorded under section
200 and 202 Cr.P.C. prima facie aforesaid offence under section
394 IPC is made out. Learned Special Judge has not committed
any error in taking cognizance and summon the applicant to face
the trial. There is no good ground for quashing the proceedings of
the above mentioned case, therefore the same is refused.
Interim order dated 23.8.1991 is hereby vacated.
Accordingly, this application is dismissed.
Let the copy of this order be communicated to learned Special
Judge (D.A.A.) , Mainpuri forthwith for passing an appropriate
orders in the above mentioned case.
Order Date :- 2.8.2010
SR