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1991 Supreme(All) 170

BRIJESH KUMAR
HAJI MOHD. WASIM – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
IMTIAZ MURTAZA

Judgement Key Points

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BRIJESH KUMAR, J.

( 1 ) BY means of this petition under S. 482, Cr. P. C. the petitoners have challenged the order dated 22-10-90 passed by the Chief Judicial, Magistrate, Rae Bareli incase No. 1174 of 1990. By means of the said order, the application moved on behalf of the petitioners for exemption of their attendance was rejected and an order was passed for issue of non bailable warrants against the petitioners.

( 2 ) IT appears that F. I. R. had been lodged against the petitioner accused-persons under Sections 147, 323, 324, 336, 307 and 426, I. P. C. at Police Station, Nasirabad, District Rae Bareli. It also appears that the accused petitioners were granted bail at the Police Station by Officer in charge. Thereafter, it appears that a charge-sheet was submitted. On the date fixed, an application was moved before the Magistrate to the effect that the petitioner, accused-persons, were on bail and, were putting in appearance through their counsel. They also prayed for exemption of their personal appearance on that date. It was also pleaded in the application that the applicants were not required to seek further bail as they continued to be on bail as granted by the Police Officer










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