Court No. - 40 Case :- APPLICATION U/S 482 No. - 21604 of 2010 Petitioner :- Harbansh Singh Respondent :- State Of U.P. And Another Petitioner Counsel :- J. S. P. Singh,Ravish Kumar Singh Respondent Counsel :- Govt Advocate Hon'ble Virendra Singh,J.
Heard learned counsel for the applicant, learned A.G.A and
perused the record.
This present application under Section 482 Cr.P.C has been filed
to quash the charge sheet no. 02 dated 16.03.2010 u/s 120-B, 420,
468 and 471 IPC. .
After hearing learned counsel for the applicant’s side and learned
A.G.A from respondent’s side and perusal of the entire record,
facts and circumstances on record for the prosecution case of the
respondent’s side and the grounds mentioned in the application
nowhere revealed any good ground for interference by this Court
to prevent the abuse of the process as per provisions of Section
482 Cr.P.C. alleged through the impugned order. Therefore, I do
not find it a fit case for quashing the impugned order. Hence, this
application is hereby disposed of finally with a direction that if the
applicant appears and surrenders before the court below within one
month from today and apply for bail, their bail application shall be
considered and disposed of expeditiously, if possible, on the same
day, in view of the principles laid down by the Hon’ble Apex
Court in the case of Lal Kamlendra Pratap Singh vs. State of
U.P. and Others (2009) 4 SCC Page 437.
For a period of one month from today or till the disposal of the
application for grant of bail, whichever is earlier, no coercive
action shall be taken against the applicant. However, in case, the
applicant does not appear before the court below within the
aforesaid period, coercive action may be taken against the
applicant.
Order Date :- 25.6.2010
Jaideep/-