Smt.Gulaichi Devi And 4 Ors. vs State Of U.P.Through Secy,Home ...
2013 Latest Caselaw 2000 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- U/S 482/378/407 No. - 268 of 2007
 

 
Petitioner :- Smt.Gulaichi Devi And 4 Ors.
 
Respondent :- State Of U.P.Through Secy,Home Deptt,Civil Sectt,Lko.& 2 Ors
 
Petitioner Counsel :- Akhter Abbas
 
Respondent Counsel :- Govt.Advocate,Amrendra Singh
 

 
Hon'ble Ravindra Singh,J.

Heard learned counsel for the applicants, learned A.G.A. and Sri Amrendra Singh, learned counsel for the respondents.

This application has been filed with a prayer to quash the charge sheet No. 21 of 2006 dated 28.1.2006 arising out of the case crime No. 1173 of 2005 under sections 147, 148, 149, 323, 504, 506, 427, 436 IPC, P.S. Mailani, District Lakhimpuri Kheri in criminal case No. 757 of 2006.

From the perusal of the record it appears that in the present case after completing the investigation charge sheet has been submitted. The complete material collected by the I.O. is not available before this court that is why without expressing any opinion on the merits of the case it is directed that in case applicants move discharge application before the court concerned, the same shall be heard and disposed of in accordance with law.

It is further directed that in case applicants appear before the court concerned within 30 days from today and apply for bail, the same shall be heard and dispose of in view Smt. Amrawati and another Vs. State of U.P. 2005 Cr.L.J. 755 which has been approved by the Hon'ble Apex Court in Lal Kamlendra Pratap Singh Versus State of U.P reported in 2009(4) S.C.C. 437..

the interim order dated 15.2.2007 is hereby vacated.

Accordingly this application is disposed of.

Order Date :- 13.5.2013

RPD