Court No. - 54 Case :- APPLICATION U/S 482 No. - 2236 of 2010 Petitioner :- Sanjay Kumar Jaiswal And Others Respondent :- State Of U.P. And Another Petitioner Counsel :- Neeraj Kumar Srivastava Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicants and learned A.G.A.
This application is filed by the applicants with a prayer that the charge sheet
of the case crime no. 174 of 2009, under Sections 353,427 and 504 I.P.C. P.S.
Kotwali district Varanasi pending in the court of Special Chief Judicial
Magistrate, district Varanasi may be quashed.
From the perusal of the record it appears that on the basis of the evidence
collected by the I.O. during investigation prima facie offence under the
aforesaid sections is made out, therefore, the prayer for quashing the charge
sheet is refused.
From the perusal of the record it appears that on the basis of the evidence
collected by the I.O. during investigation prima facie offence under the
aforesaid sections is made out, therefore, the prayer for quashing the charge
sheet is refused.
However, considering the facts and circumstances of the case, it is directed
that applicant or applicants move or moves 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 on the
same day by the courts below.
It is further directed that in case the applicants move a discharge application at
the appropriate stage, the same shall be heard and disposed of by a reasoned
order in accordance with the provisions of law.
With the above direction the application is finally disposed of.
Order Date :- 27.1.2010
N.A.