Court No. - 5 Case :- U/S 482/378/407 No. - 2813 of 2010 Petitioner :- Sher Bahadur Singh & Anr. Respondent :- State Of U.P., Thru. Secretary, Home & Another Petitioner Counsel :- Piyush Kumar Singh Respondent Counsel :- G.A.,Ran Vijay Singh Hon'ble Vedpal,J.
Notice on behalf of the opposite party no.1 has been accepted by the learned
A.G.A.
Heard the learned counsel for the parties and perused the record of the case.
Notice against the opposite party no.2 is dispensed with.
Chargesheet which has been sought to be quashed in Case Crime No.690 of
2010 under Sections 147, 452, 352, 323, 504, 506 I.P.C., Police Station
Kotwali, District Unnao. The chargesheet was submitted by the police after
detailed investigation in the matter. Statement of witnesses under Section 161
Cr.P.C. was recorded at length. It is settled law that inherent power to quash
the chargesheet, should not be exercised to stiffle the legitimate prosecution.
It would be erroneous to assess the reliability of the witnesses at this stage. A
perusal of the record prima facie discloses the commission of cognizable
offence for which chargesheet has been submitted. There is nothing on record
to show that proceedings is malafide, frivolous or vexatious. In these
circumstances there appears no sufficient ground to interfere in the matter and
the progress of the trial before the court below.
In the end, learned counsel for the petitioners confines his prayer for
expeditious disposal of the bail application in case the applicants surrender
before the court below. No doubt it is the right of everyone that his bail
application be disposed of expeditiously.
It is therefore, provided that if the petitioners surrender before the court below
within ten days and move application for her bail, the same shall be
considered and disposed of by the courts below, expeditiously in the light of
the law laid down by Full Bench of this Court in case of Smt. Amrawati and
another Vs. State of U.P. reported in 2005 CBC page 705.
With the aforesaid direction/observation, this petition is disposed of finally.
Order Date :- 13.7.2010
Mahesh