Court No. - 43 Case :- APPLICATION U/S 482 No. - 24672 of 2010 Petitioner :- Ram Hit Sharma Respondent :- State Of U.P. & Others Petitioner Counsel :- Siddhartha Srivastava,Himanshu Srivastava Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicant and learned AGA.
This application has been filed with a prayer to quash the charge sheet dated
2.4.2010 in case crime No. 539 of 2009 under Sections 409, 419, 420, 467,
468 IPC, P.S. Tarkulwa, District Deoria, pending in the court of Appar Civil
Judge (J.D.) Room No.23, Deoria in criminal case No. 787 of 2010.
From the perusal of the record it appears that the charge sheet has been
submitted against the applicant. The material collected by the I.O. is prima-
facie disclosing the commission of the aforesaid offences. There is no
illegality in the submission of the charge sheet and in the prosecution of the
applicant. Therefore, the prayer for quashing the charge sheet is refused.
However, considering the nature of the allegations, it is directed that in case
applicant appears before the court concerned within 30 days from today and
applies for bail, the same shall be heard and disposed of in view of Smt.
Amrawati and another Vs. State of U.P. reported in 2005 Cr.L.J. 755
The same has been approved by the Hon’ble Apex Court in Lal Kamlendra
Pratap Singh Versus State of U.P. on 23.3.2009 in Criminal Appeal No. 538
of 2009.
Thereafter, in case the applicant moves discharge application at appropriate
stage, the same shall be heard and disposed of in accordance with law.
With this direction, this application is finally disposed of.
Order Date :- 4.8.2010
Salim