- (1.) Heard learned Counsel for the petitioners and learned Additional Government Advocate for the State as well as perused the documents available on record.
(2.) This petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the 'Code') has been filed by the petitioners with the following prayers: It is humbly prayed that this Hon'ble Court may kindly be pleased to quash the summoning order dated 29.3.2006 passed by Chief Judicial Magistrate and order dated 06.8.2010 to issue N.B.W. against petitioners in Criminal Case No. 3419 of 2009 (State v. Sudhir Kumar and Ors.) Crime No. 266A of 2005 under Sections 452/323/504/506 IPC, P.S. Bilgram, District Hardoi and also to quash the charge sheet submitted by the police.
(3.) The submission of learned Counsel for the petitioners is that the petitioners were regularly attending the court on the date fixed but they could not attend the Court on 06.8.2010 on account of illness, therefore, an application was moved by their counsel to exempt their personal appearance but the Trial Court rejected their application and ordered for forfeiture of their bail bonds as well as issued non bailable warrant against them. Learned Counsel for the petitioners assures that the accused will regularly attend the Trial Court without any further default.;