Court No. - 6 Case :- APPLICATION U/S 482 No. - 12797 of 2010 Petitioner :- Sudhakar Singh And Another Respondent :- State Of U.P. And Another Petitioner Counsel :- D.S. Chauhan Respondent Counsel :- Govt. Advocate Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the petitioners and learned A.G.A.
The present 482 Cr.P.C application has been filed for charge sheet No. 497 of
2008 dated 23.12.2008 arising out of Case Crime No. 1723 of 2008 under
Sections 323, 419 420, 467, 468, 471, 504, 506 I.P.C., P.S. Civil Lines,
District Budaun, pending in the court of learned Chief Judicial Magistrate,
Budaun.
The contention of the counsel for the petitioners is that no offence against the
petitioners is disclosed and the present prosecution has been instituted with a
malafide intention for the purposes of harassment. He pointed out certain
documents and statements in support of his contention.
The disputed defence of the accused cannot be considered at this stage.
Moreover, the petitioners have got a right of discharge under Section 239 or
227/228, Cr.P.C. as the case may through a proper application for the said
purpose and they are free to take all the submissions in the said discharge
application before the Trial Court.
The prayer for quashing the charge sheet is refused.
However, it is directed that the petitioners shall appear and surrender before
the court below within 30 days from today and apply for bail, their prayer for
bail shall be considered and decided in view of the settled law laid by this
Court in the case of Amrawati and another Vs. State of U.P. reported in 2004
(57) ALR 290 as well as judgement passed by Hon’ble Apex Court reported in
2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. For a
period of 30 days from today or till the disposal of the application for grant of
bail whichever is earlier, no coercive action shall be taken against the
petitioners. However, in case, the petitioners do not appear before the Court
below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid directions, this writ petition is finally disposed off.
Order Date :- 14.6.2010
Prabhat