Court No. - 54 Case :- APPLICATION U/S 482 No. - 2515 of 2010 Petitioner :- Kapil Dev And Others Respondent :- State Of U.P. And Another Petitioner Counsel :- M.P. Tiwari,L.M. Tripathi Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicants and learned A.G.A.
This application has been filed with a prayer to quash the proceedings
of case No. 3268 of 2008 under sections 325,323,504,427 I.P.C., P.S.
Gajner, District Kanpur Dehat pending in the court of learned Judicial
Magistrate I, Kanpur Dehat.
From the perusal of the record it appears that on the basis of the
material collected by the I.O. during investigation, prima facie aforesaid
offences are constituted. There is no illegality in submission of the
charge sheet and in the prosecution of the applicant, therefore, the
prayer for quashing the proceedings is refused.
However, it shall be open to the applicants to move discharge
application or raise objection at the time of framing of the charge. In
case the discharge application is moved or objections are raised, the
same shall be considered in accordance with the provisions law.
With this direction, the application is finally disposed of.
Order Date :- 29.1.2010