Court No. - 5 Case :- APPLICATION U/S 482 No. - 21132 of 2010 Petitioner :- Surya Balak Shastri Respondent :- State Of U.P. And Another Petitioner Counsel :- Dharmendra Singh,Rajnish Kumar Rai 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 with a prayer to quash the proceedings of the
crl. Case No. 5874 of 2007, arising out of the charge sheet submitted in Case
Crime No. 254 of 2007 under Sections 420,467, 468, 471 and 506 I.P.C. P.S.
Kidwai Nagar, District Kanpur Nagar pending in the court of Metropolitian
Magistrate , 5th Kanpur Nagar.
From the perusal of the records it appears that in the present case the charge
sheet has been submitted by the I.O. the material collected by the I.O. is prima
facie, disclosing the commission of aforesaid offences. There is no illegality
in submission of the charge sheet. The learned magistrate has not committed
any error in taking cognizance. There is no good ground for quashing the
proceedings of the above mentioned case. The prayer for quashing the
proceeding of above mentioned case is refused.
However it is directed that the applicants shall appear before the court
concerned within 20 days from today, till then N.B.W. issued against them
shall be kept in abeyance, in case they apply for bail the same shall be heard
and disposed of expeditiously, if possible, on the same day by the court
below.
With the above direction this application finally disposed of.
Order Date :- 18.6.2010
Naresh