Court No. - 54 Case :- APPLICATION U/S 482 No. - 1770 of 2010 Petitioner :- Samar Bahadur Yadav Respondent :- State Of U.P. And Another Petitioner Counsel :- Rakesh Parasad,Mahendra Kumar Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicant and learned A.G.A.
This application has been filed by the applicant with a prayer to quash
the charge sheet of the case crime no. 348 of 2009 under Sections 323,
504, 506 I.P.C., 3(1)10 of SC/ST Act, Police Station Aurai, District
Ravidas Nagar, Bhadohi, pending in the court of Chief Judicial
Magistrate, Sant Ravi Das Nagar vide criminal case NO. 1770 of 2009 .
From the perusal of the record it appears that on the basis of the
material collected by the I.O. during investigation, prima facie aforesaid
offences are constituted. There is no illegality in submission of the
charge sheet, therefore, the prayer for quashing the charge sheet is
refused.
However, considering the fact it is directed that in case applicant moves
an 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 heard and disposed of expeditiously, if possible, on
the same day by the courts below.
With the above direction the application is finally disposed of.
Order Date :- 1.2.2010
Su