Court No. - 42 Case :- APPLICATION U/S 482 No. - 33678 of 2009 Petitioner :- Shitla Prasad And Others Respondent :- State Of U.P. And Another Petitioner Counsel :- Anil Kumar Singh,V.P.Srivastava Respondent Counsel :- Govt.Advocate Hon'ble Rajesh Chandra,J.
1. The applicants have filed this application under section 482 of the Code of
Criminal Procedure to quash the Charge sheet dated 29.10.2009 as well as the
proceedings of case No. 3271of 2009 (State Vs. Chandan Singh and others),
case crime no. 541 of 2009, under Sections 302 and 120B IPC, Police Station
Kerakat, District Jaunpur, pending in the court of CJM, Jaunpur.
It has further been prayed that the proceedings of the aforesaid case may be
stayed during the pendency of this application.
2. The learned counsel for the applicants has submitted that except applicant
nos. 1 and 2, the rest of the applicants are on bail. He argued that the Charge
sheet has been submitted without collecting proper evidence and as such is
liable to be quashed. It has further been argued that the lower court has
summoned the applicants in a routine manner and without applying its mind.
3. The learned AGA on the other hand argued that Charge sheet has been filed
after proper investigation and after collecting sufficient material making out
prima facie case against the applicants.
4. I have considered over the argument and also perused the papers. In the
case the material collected by the investigating officer is sufficient to make
out prima facie offence against the applicants and since there is sufficient
evidence against the accused applicants I do not find any illegality or
irregularity in the filing of the Charge sheet or in the order of the lower court
by which the applicants have been summoned.
5. The application is therefore, dismissed.
6. However, the learned lower court is directed that after the applicant nos. 1
and 2, namely, Shitla Prasad and Pankaj Singh, surrender in the court within
three weeks from today their bail application shall be disposed of in the light
of the judgement passed by 7 judges Bench of this court in Amarawati and
another Vs. State of U.P., 2005 Cr.L.J. 755 as approved by the Apex Court
in Lal Kamlendra Pratap Singh Vs. State of U.P. In Criminal Appeal No.
538 of 2009 Supreme Court dated 23.3.2009.
Order Date :- 19.1.2010
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