Court No. - 27 Case :- APPLICATION U/S 482 No. - 33292 of 2009 Petitioner :- Prem Chandra Respondent :- State Of U.P. & Another Petitioner Counsel :- R.B. Singh Respondent Counsel :- Govt. Advocate Civil Misc.Application No.33292 of 2009 Prem Chandra Vs. State of U.P & another Hon'ble Rajesh Chandra, J.
The applicant has filed this application under section 482 of the Code
of Criminal Procedure to quash the Charge sheet as well as the
cognizance order dated 4.11.2009 in Criminal Case No. 3516/09 in
case crime no.319/09, under Sections 419,420 IPC and 3/7 Essential
Commodities Act PS Cholapur, District Varanasi, pending in the court
of Addl.CJM Ist, Varanasi
It has further been prayed that the proceedings of the aforesaid case
may be stayed during pendency of the present petition.
The learned counsel for the applicant 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 applicant 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 applicant.
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 applicant and since there
is sufficient evidence against the accused applicant 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 applicant has been summoned.
The application is therefore, dismissed.
However, the learned lower court is directed that after the applicant
surrenders in the court within four weeks from today, his 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
Dt-12/1/2010sm