Court No. - 50 Case :- CRIMINAL MISC. WRIT PETITION No. - 213 of 2010 Petitioner :- Pappu & Another Respondent :- State Of U.P. & Another Petitioner Counsel :- Amit Daga Respondent Counsel :- Govt. Advocate Hon. Mrs. Poonam Srivastav,J.
Heard Shri Amit Daga counsel for the petitioners and learned A.G.A. for
the State.
I have perused the impugned order dated 15.10.2008 whereby the learned
Magistrate has rejected the Final Report submitted by the police. Counsel
for the petitioners has placed reliance on the statement of witnesses
recorded under Section 161 Cr.P.C. and has argued that prima facie no
case is made out and the second Investigating Officer has rightly
submitted final report. The discretion exercised by the Magistrate is
illegal and liable to be set aside.
After hearing counsel for the parties I do not find any merit in the
argument of the learned counsel for the petitioners. Learned Magistrate
has rightly rejected the final report by speaking order after taking into
consideration the evidence of three witnesses and injury report. The writ
petition lacks merit and is dismissed.
However, learned counsel for petitioners prays for expeditious disposal
of bail application.
Taking into consideration the facts and circumstances of the case, it is
directed that in the event the petitioners appear and apply for bail within
three weeks from today in Criminal Case NO. 3799/9 of 2008-State of
U.P. Vs. Pappu and others arising out of crime no. 6/10 of 2008 under
sections 452, 307 I.P.C. Police Station Saroorpur district Meerut, the
same shall be considered and disposed in accordance with law
expeditiously.
Order Date :- 8.1.2010
Iss