Court No. - 28 Case :- U/S 482/378/407 No. - 246 of 2010 Petitioner :- Sri Kant, & Others Respondent :- State Of U.P., & Another Petitioner Counsel :- F.A.Osmani Respondent Counsel :- G.A. Hon'ble Alok K. Singh,J.
Heard learned counsel for the petitioners, learned A.G.A. and perused the
material placed on record.
This petition under Section 482 Cr.P.C. has been filed for quashing of the
proceedings of Case No. 4697 of 2009, under Sections 363, 366, 376 I.P.C.
and for quashing of the charge sheet no. 136 of 2009.
In this case charge sheet has been filed on the basis of the evidence collected
during the investigation including the statement recorded under Section 161
Cr.P.C. and other material. The averments are factual in nature which cannot
be looked into by this Court. The charge sheet cannot be quashed.
It is submitted on behalf of the petitioners that they being law abiding citizens
intend to appear before the Court below to participate in the proceedings after
obtaining bail.
In view of the above, this petition is disposed of with the direction that if the
petitioners appear before the Court below within three weeks from today and
apply for bail, their bail applications be disposed of by both the courts below
in accordance with law.
Till the aforesaid period of three weeks, order in respect of issuance of non
bailable warrant, if any, against the petitioners shall be kept in abeyance.
Order Date :- 22.1.2010
ML/-