Court No. - 42 Case :- APPLICATION U/S 482 No. - 33037 of 2009 Petitioner :- Mahesh And Another Respondent :- State Of U.P. And Another Petitioner Counsel :- Shyam Shankar Shukla Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Chandra,J.
The applicants have filed this application under section 482 of the Code of
Criminal Procedure to quash the Charge sheet dated 18.6.2008 case crime no.
515 of 2008 under Section 147, 341, I.P.C. and 7 Criminal Law Amendment
Act, Police Station Bisoli, District Badaun, pending in the court of A.C.J.M.
Badaun.
It has further been prayed that the proceedings of the aforesaid case may be
stayed during the pendency of this application.
The learned counsel for the applicants argued that the Charge sheet has been
submitted without collecting proper evidence and as such is liable to be
quashed. It has further been argued that the lower court has summoned the
applicants in a routine manner and without applying its mind.
The learned AGA on the other hand argued that Charge sheet has been filed
after proper investigation and after collecting sufficient material making out
prima facie case against the applicants.
I have considered over the argument and also perused the papers. In the case
the material collected by the investigating officer is sufficient to make out
prima facie offence against the applicants and since there is sufficient
evidence against the accused applicants I do not find any illegality or
irregularity in the filing of the Charge sheet or in the order of the lower court
by which the applicants have been summoned.
The application is therefore, dismissed.
However, the learned lower court is directed that after the applicants
surrenders in the court within three weeks from today their bail application
shall be disposed of in the light of the judgement passed by 7 judges Bench of
this court in Amarawati and another Vs. State of U.P., 2005 Cr.L.J. 755 as
approved by the Apex Court in Lal Kamlendra Pratap Singh Vs. State of
U.P. In Criminal Appeal No. 538 of 2009 Supreme Court dated 23.3.2009.
Till the three weeks no coercive steps will be taken against the accused.
Order Date :- 18.1.2010
Naresh