Court No. - 42 Case :- APPLICATION U/S 482 No. - 33572 of 2009 Petitioner :- Anil Kumar @ Tillu Respondent :- State Of U.P.And Another Petitioner Counsel :- Rajesh Pratap Singh Respondent Counsel :- Govt.Advocate Hon'ble Rajesh Chandra,J.
The applicant has filed this application under section 482 of the Code of
Criminal Procedure to quash the Charge sheet dated 8.6.2009 as well as the
proceedings of case crime no. 06 of 2009 under Sections 498-A, 323, 504,
506 I.P.C. Police Station Women Police Station Kanpur Nagar, District
Kanpur Nagar pending in the court of Chief Judicial Magistrate, Kanpur
Nagar.
It has further been prayed that the proceedings of the aforesaid case may be
stayed during the pendency of this application.
The learned counsel for the applicant 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
applicant in a routine manner and without applying its mind.
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 applicant.
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 applicant and since there is sufficient evidence
against the accused applicant 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
applicant has been summoned.
The application is therefore, dismissed.
However, the learned lower court is directed that after the applicant
surrenders in the court within three weeks from today his 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
Naresh