HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 29 Case :- U/S 482/378/407 No. - 4107 of 2014 Applicant :- Balwant Singh And Ors. Opposite Party :- The State Of U.P And Anr. Counsel for Applicant :- Sushil Kumar Counsel for Opposite Party :- Govt. Advocate Hon'ble Ashwani Kumar Singh,J.
Heard learned counsel for the petitioners and the learned State Counsel.
By means of this petition under Section 482 Cr.P.C., the petitioners have prayed for quashing order taking cognizance dated 1.8.2014 passed by the Additional Chief Judicial Magistrate-II, Amethi. The petitioners have further prayed for quashing charge sheet dated 10.3.2014 in case crime no. 1658 of 2014 arising out of case crime no 117 of 2014 under Sections 323, 504, 506 IPC. read with Section 3(1) X of the SC/ST Act, police station Munshiganj, district Amethi.
Learned counsel submits that the allegations levelled against the petitioners are false and no case is made out against them.
Per contra, the learned State Counsel submits that the charge sheet has been submitted and there is ample evidence against the petitioners for their involvement in the present crime.
Having considered the submissions made by learned counsel for either parties, since, prima facie, case is made out against the petitioners, I am of the view that no interference is warranted in the charge sheet. The petition is devoid of merit and is dismissed accordingly.
However, it is provided that if the petitioners appear before the court concerned within thirty days from today and apply for bail, the same shall be disposed of expeditiously, in accordance with law as laid down by the apex court in Lal Kamlendra Pratap Singh v State of U.P., reported in 2009(1) JIC 677: 2009(2) Crimes 4 (SC).
Till the aforesaid period or disposal of the bail application, whichever is earlier, no coercive measure shall be taken against the petitioner.
Order Date :- 17.10.2014 Rabindra Kumar