Court No. - 5 Case :- U/S 482/378/407 No. - 2632 of 2009 Petitioner :- Neelu and others Respondent :- State Of U.P. Petitioner Counsel :- Amitabh Kumar Rai,Dilip Kumar Singh Chauhan Respondent Counsel :- Govt. Advocate Hon'ble Vedpal,J.
This petition under Section 482 Cr.P.C. has been filed by the petitioners for
quashing the Chargesheet No.24 of 2008, (Crime No.338 of 2008) under
Sections 323, 336, 504, 506 I.P.C., and 3 (1) (x) of SC/ST ( Prevention of
Atrocities) Act, Police Station Hargaon, District Sitapur as well as
summoning order dated 18.08.2008 passed by the Chief Judicial Magistrate,
Sitapur.
Notice on behalf of the opposite party no.1 has been accepted by the learned
A.G.A.
Notice against the opposite party no.2 is dispensed with.
Heard the learned counsel for the parties and perused the record of the case.
Chargesheet was submitted by the police after detailed investigation in the
matter. Statement of witnesses under Section 161 Cr.P.C. was recorded at
length. It is settled law that inherent power to quash the chargesheet, should
not be exercised to stifle the legitimate prosecution. It would be erroneous to
assess the reliability of the witnesses at this stage. A perusal of the record
prima facie discloses the commission of cognizable offence for which
chargesheet has been submitted. There is nothing on record to show that
proceedings is malafide, frivolous or vexatious. In these circumstances, there
appears no sufficient ground to interfere in the matter and the progress of the
trial, before the court below.
In the end, learned counsel for the petitioners confines his prayer for
expeditious disposal of the bail application in case the applicants surrender
before the court below. No doubt it is the right of everyone that his bail
application be disposed of expeditiously.
It is therefore, provided that if the petitioners surrender before the court
below within ten days and move application for their bail, the same shall be
considered and disposed of by the courts below, expeditiously in the light of
the law laid down by Full Bench of this Court in case of Smt. Amrawati and
another Vs. State of U.P. reported in 2005 CBC page 705.
With the aforesaid direction/observation, this petition is disposed of finally.
Order Date :- 22.7.2010/Mahesh