Court No. - 28 Case :- U/S 482/378/407 No. - 531 of 2010 Petitioner :- Basudev Tripathi Respondent :- State Of U.P. & Another Petitioner Counsel :- R.D. Shahi,M.E. Khan Respondent Counsel :- Govt. Advocate Hon'ble Alok K. Singh,J.
Heard the learned counsel for the petitioner and learned A.G.A. who has put
in appearance on behalf of State of U.P., opposite party no.1.
This application under Section 482 Cr.P.C. has been filed for quashing of the
impugned charge-sheet arising out of Case Crime No.655 of 2006, under
Sections 323, 504, 506, 308 I.P.C., Police Station Dhaurahra, District Kheri.
The charge-sheet has been filed on the basis of the accusation made in the
F.I.R. and the evidence collected during investigation including the statements
under Section 161 Cr.P.C. The other averments are factual in nature that
cannot be adjudicated in the present application. There does not appear to be
any sufficient cogent ground for quashing of the charge-sheet or entire
proceedings.
Learned counsel for the petitioner confines his prayer to the extent that being
law abiding citizen he intends to participate in the proceedings before the
court below after seeking bail. The applicant/petitioner is aged about 68 years
who has become infirm also.
In view of the above, this petition is finally disposed of with a direction to the
court below that if the applicant/petitioner appears before the court below
within three weeks from today and applies for bail the same may be
considered expeditiously having regard to the fact of his infirmity and the
relevant provisions contained in Section 437 Cr.P.C. in respect of granting
bail in favour of infirm persons.
Till the aforesaid period of three weeks bailable/non-bailable warrant, if any,
shall be kept in abeyance.
With these observations this petition is finally disposed of.
Order Date :- 4.2.2010
PAL/