Court No. - 54 Case :- APPLICATION U/S 482 No. - 517 of 2010 Petitioner :- Mohd. Yaseen & Ors. Respondent :- State Of U.P. & Anr. Petitioner Counsel :- Sanjay Kumar Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicant and learned AGA.
This application has been filed by the applicant with a prayer that to quash the
proceedings of case crime No.875 of 2006,(charge -sheet No.263 of 2005),
under section 406 IPC, P.S. Amroha Nagar, District-J.P. Nagar, pending in
the court of CJM, J.P.Nagar.
From the perusal of the record, it appears that charge sheet 31.10.2005 has
been submitted in the court concerned and the learned Magistrate took
cognizance vide order dated 16.2.2006. The material collected by the I.O., the
prima facie offence is made out. Therefore, there is no irregularities or
illegality in filing the charge-sheet, the prayer for quashing the charge-sheet is
refused.
However, considering the facts and circumstances of the case, it is directed
that applicant moves an application for appearance/surrender before the court
concerned within 30 days from today on which the court concerned shall fix
the date of surrender/appearance, in the meantime the court concerned shall
seek the instructions from the prosecution side. In case the applicant moves
the application for bail on the day of the appearance or surrender, the same
shall be considered and disposed of expeditiously, if possible, on the same
day by the courts below.
Thereafter apply for discharged application at the proper stage, the same shall
be considered and disposed of in accordance with law.
With this directions, the application is disposed of
Order Date :- 11.1.2010
PKC