Shobhnath Shukla vs State Of U.P. And Another on 29 January, 2010

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Allahabad High Court
Shobhnath Shukla vs State Of U.P. And Another on 29 January, 2010
Court No. - 54

Case :- APPLICATION U/S 482 No. - 2596 of 2010

Petitioner :- Shobhnath Shukla
Respondent :- State Of U.P. And Another
Petitioner Counsel :- Kshetresh Chandra Shukla
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 with a prayer to quash the proceedings in
case no. 5083 of 2005 under section 324,325 and 326 I.P.C. pending in
the court of Additional Chief Judicial Magistrate, Court no. 10
Azamgarh.

From the perusal of the record it appears that in the present case charge
sheet has been submitted on 7.2.1998, it is too old matter in which the
applicant has not appeared before the court concerned, the material
collected by the I.O. prima facie disclose the commission of a cognizable
offence. There is no illegality in the submission of the charge and the
prosecution of the applicant, therefore, the prayer for quashing the same
is refused.

However, in case the applicant appears before the court concerned within
30 days from today and applies for bail, the same shall be heard and
disposed of expeditiously by the courts below.
With this direction this application is finally disposed of.
Order Date :- 29.1.2010
N.A.

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