Court No. - 54 Case :- APPLICATION U/S 482 No. - 1946 of 2010 Petitioner :- Sharad Parashar Respondent :- State Of U.P. And Another Petitioner Counsel :- R.J. Singh Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicant and learned A.G.A.
This application has been filed by the applicant with a prayer to quash
the charge sheet of the case crime no. 317 of 2007 under Sections 379,
411, 414 I.P.C,, P.S. Govind Nagar, Kanpur Nagar, pending in the court
of C.M.M.Kanpur Nagar.
From the perusal of the record it appears that on the basis of the
material collected by the I.O. during investigation, prima facie aforesaid
offences are constituted. There is no illegality in submission of the
charge sheet, therefore, the prayer for quashing the charge sheet is
refused.
However, considering the fact that the applicant in case crime no. Nil of
2007 under sections 41/411 I.P.C., P.S. Gursarain, District Jhansi in
which the stolen property of the present case was recovered, the
applicant has been released on bail, it is directed that in case 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 heard and disposed of on the
same day by the courts below.
With the above direction the application is finally disposed of.
Order Date :- 25.1.2010
Su