Babbu, vs The State Of U.P., & Others
2011 Latest Caselaw 5176 ALL

Citation : 2011 Latest Caselaw 5176 ALL
Judgement Date : 17 October, 2011

Allahabad High Court

Babbu, vs The State Of U.P., & Others on 17 October, 2011

Bench: Ravindra Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- U/S 482/378/407 No. - 3777 of 2009
 

 
Petitioner :- Babbu,
 
Respondent :- The State Of U.P., & Others
 
Petitioner Counsel :- Farooq Ayoob
 
Respondent Counsel :- G.A.
 

 
Hon'ble Ravindra Singh,J.

Heard learned counsel for the applicants and learned A.G.A.

This application has been filed with a prayer to quash the charge sheet submitted in case crime No. 55 of 2005 under sections 147, 323, 324, 325, 504, 336 and 308 IPC, P.S. Patranga, District Barabanki pending in the court of learned learned A.C.J.M..Court No. 22 Barabanki.

It is contended by learned counsel for the applicant that in the present all the co-accused have been acquitted, therefore, on the basis of acquittal of other co-accused the proceedings pending against the applicant may also be quashed.

It reply of the above contention, it is submitted by learned A.G.A. that on the basis of acquittal of other co-accused persons the proceedings of session trial No. 538 of 2007 pending against the applicant may not be quashed. The applicant is under obligation to face the proceedings of the trial as prescribed by Cr.P.C.

From the perusal of the record it appears that in the present case six co-accused persons have been acquitted by learned Addl. Sessions Judge, Court No. 2, Barabanki on 4.7.2008 in S.T. No. 538 of 2007, but on the basis of the acquittal of other co-accused person the proceedings pending against the applicant may not be quashed. He has to follow the proceedings of Cr.P.C., therefore, the prayer for quashing the charge sheet as well as the proceedings of the above mentioned case is refused.

However, it is directed that in case the applicant appear before the court concerned within 30 days from today and applies for bail, the same shall be heard and disposed of expeditiously if possible on the same day by the courts below.

With this direction, this application is finally disposed of.

Order Date :- 17.10.2011

RPD