Court No. - 54 Case :- APPLICATION U/S 482 No. - 2629 of 2010 Petitioner :- Nishar Ali & Anr. Respondent :- State Of U.P. & Anr. Petitioner Counsel :- A.K.S. Chauhan Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicants and learned A.G.A.
This application is filed by the applicants with a prayer that the charge sheet
of the case no. 47 of 2009, under Sections 498A,323,504 and 506 I.P.C. and
section ¾ of D.P. Act P.S. Cantt. district Bareilly pending in the court of
Chief Judicial Magistrate, Bareilly may be quashed.
From the perusal of the record it appears that on the basis of the material
collected by the I.O. during investigation prima facie offence under the
aforesaid sections is made out, therefore, the prayer for quashing the charge
sheet is refused.
However, considering the facts and circumstances of the case, it is directed
that applicant or applicant 1 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 on the
same day by the courts below.
So far as the applicant No. 2 is concerned her bail application shall be heard
and disposed of on the same day.
With the above direction the application is finally disposed of.
Order Date :- 29.1.2010