Court No.20
Criminal Misc. Case No. 276 of 2010
Awadhesh Maurya Redimade .............Petitioner.
Vs.
State of U.P. & 2 others .............Opp. Parties.
Hon'ble Raj Mani Chauhan, J.
Heard learned counsel for the petitioner, the learned A.G.A. and
perused the materials available on record.
This application under section 482 Code of Criminal Procedure
(hereinafter referred to as the Code) has been moved by the accused-
petitioner for quashing the charge sheet dated 1.6.2009 filed by
Investigating Officer in case crime no.5538 of 2008, under Sections
147, 307, 353, 352, 504, 506, 279, 427 I.P.C. & 7 Criminal Law
Amendment Act, P.S. Kotwali Nagar, District Faizabad.
At this stage, the learned counsel for the applicant instead of
pressing the application on merit requests to dispose of the application
finally with the direction to the learned Magistrate that in case the
accused-applicant appears before the court concerned and moves bail
application, his bail application be considered and disposed of by both
the courts below in view of the law laid down by the Full Bench of
this Court in the case of Smt. Amrawati and another Vs. State of U.P.,
reported in 2004 (57) ALR 390.
In view of the submissions of the learned counsel for the
applicant, this petition under Section 482 Cr.P.C. is disposed of finally
with the direction that in case the accused applicant appears before the
court concerned within two weeks from today and move application
for bail, his bail application will be considered and disposed of by the
court below in view of the law laid down by the Full Bench of this
Court in the case of Smt. Amrawati and another Vs. State of U.P.,
reported in 2004 (57) ALR 390.
28.01.2010.
Prajapati/-