Court No. - 54 Case :- APPLICATION U/S 482 No. - 893 of 2010 Petitioner :- Azizur Rehman And Others Respondent :- State Of U.P. And Another Petitioner Counsel :- Rajeev Chaddha Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicants and learned A.G.A.
This application is filed by the applicants with a prayer that the charge sheet
of the case crime no. 96-A of 2005, under Sections 147,148,353,341 I.P.C.,
and 7 Criminal Law Amendment Act P.S. Hafizpur district Ghaziabad may be
quashed.
From the perusal of the record it appears that on the basis of the evidence
collected by the I.O. during investigation prima facie offence under the
aforesaid sections is made out, therefore, the prayer for quashing the charge
sheet is refused.
It is further contended that the injured had received injuries, but the injuries
were simple in nature and the applicants are peace loving and law abiding
person. They undertake that they shall co-operate with the proceedings of the
trial and shall not tamper with the evidence. It is further contended that the
applicants want to appear before the court concerned, but there is reasonable
apprehension in their mind that in case they appear before the court concerned
and apply for bail their bail application shall not be considered and disposed
of on the same day.
Considering the facts and circumstances of the case and submissions made by
the learned counsel for the applicants it is directed that in case the applicants
appear before the court concerned within 20 days from today and apply for
bail his bail application shall be considered and disposed of in strict
compliance of the direction given by full bench of this court in the case of
Smt Amrawati and another Vs. State of U.P. (2004) (57) ALR, 390. No
coercive steps shall be taken against the applicants.
With the above direction the application is finally disposed of.
Order Date :- 13.1.2010
N.A.