Court No. - 5 Case :- U/S 482/378/407 No. - 2929 of 2010 Petitioner :- Niyaz Mohammad And Another Respondent :- State Of U.P. Thru. Secy. Home And Another Petitioner Counsel :- Piyush Kumar Singh 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.74 of 2010 (Case Crime No.171 of 2010)
under Sections 467, 468, 469, 471, 420 I.P.C., Police Station Purwa, District
Unnao as well as the order dated 11.5.2010 by which the congizance of the
offence was taken.
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 which has been sought to be quashed under Section 482 Cr.P.C.
pertains to the Criminal Case No.171 of 2010. The 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
stiffle 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 :- 20.7.2010
Shukla