Court No. - 54 Case :- APPLICATION U/S 482 No. - 2050 of 2010 Petitioner :- Shamim And Another Respondent :- State Of U.P. And Another Petitioner Counsel :- V.M. Mishra Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard the learned counsel for the applicants and the learned A.G.A.
This application has been filed with a prayer to quash the charge sheet
No. 161 / 09 of case crime no. 135 of 2009 under sections 366, 376
I.P.C. P.S. Purandarpur, District Maharajganj pending in the court of
C.J.M.Maharajganj vide case no. 4212 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 facts and circumstances of the case, it is
directed that in case applicants move 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 applicants move
the application for bail on the day of the appearance or surrender, the
same shall be heard and disposed of expeditiously by the courts below.
For a period of 15 days from today, the NBW issued against the
applicants shall be kept in abeyance.
With the above direction the application is finally disposed of.
Order Date :- 25.1.2010
Su