Court No. - 54 Case :- APPLICATION U/S 482 No. - 2872 of 2010 Petitioner :- Deshraj Respondent :- State Of U.P. And Another Petitioner Counsel :- Ram N. Divedi,Mukul Tripathi Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicant and learned A.G.A.
This application has been filed with prayer to quash the
chargesheet dated 21.4.2009 in case crime No. 43 of 2009
under sections 323, 504, 308 I.P.C., P.S. Surajpur, District
Gautambudh Nagar pending in the court learned C.J.M.
Gautambudh Nagar vide criminal case No.7760 of 2009.
From the perusal of the record, it appears that on the basis of
material collected by the I.O. the prima facie offence is made
out. Therefore, there is no irregularities or illegality in filing the
chargesheet, the prayer for quashing the chargesheet is
refused.
However, considering the facts and circumstances of the case,
it is directed that applicant moves application for appearance/
surrender before the court concerned within 30 days from today
on which the court concerned shall fix the date of
surrender/appearance, in the meantime the court concerned
shall seek the instructions from the prosecution side. In case
the applicant moves the application for bail on the day of the
appearance or surrender, the same shall be considered and
disposed of expeditiously if possible on the same day by the
courts below.
With this direction, this application is finally disposed of.
Order Date :- 2.2.2010
RPD
