Om Prakash @ Pappu Pandey vs The State Of U.P And Anr.
2013 Latest Caselaw 2140 ALL

Citation : 2013 Latest Caselaw 2140 ALL
Judgement Date : 15 May, 2013

Allahabad High Court

Om Prakash @ Pappu Pandey vs The State Of U.P And Anr. on 15 May, 2013

Bench: Surendra Vikram Rathore




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 28
 
Case :- U/S 482/378/407 No. - 2257 of 2013
 
Petitioner :- Om Prakash @ Pappu Pandey
 
Respondent :- The State Of U.P And Anr.
 
Petitioner Counsel :- Ashish Kumar Singh,Astha Dixit
 
Respondent Counsel :- Govt. Advocate
 
Hon'ble Surendra Vikram Singh Rathore,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.

This application under Section 482 Cr.P.C. has been filed by the applicant for quashing of the entire proceedings of Criminal Case No. 1086 of 2005, arising out of case crime no. 140 of 2004, under Sections 352 & 504 IPC and 3 (1)(x) of the SC/ST Act, Police Station Wazirganj, District Gonda pending in the court of learned Judicial Magistrate-I, Gonda as well as impugned charge sheet no. 8 of 2004, dated 3.12.2004 submitted by the police in the aforesaid case crime.

I have very carefully examined the submissions advanced by the learned counsel for the applicant and gone through the record.

After arguing at some length, learned counsel for the applicant submits that he does not want to press this application on merits and he confines his prayer only to the extent that necessary direction may be issued to the court below for expeditious disposal of bail.

The prayer being innocuous in nature is accepted.

The chargesheet has been filed after investigation which is based on the relevant materials. The chargesheet can be quashed only on limited ground which are absolutely lacking in the instant case, as such, no interference is required to quash the impugned proceedings.

The petition lacks merit and is accordingly dismissed.

However, it is provided that if the applicant surrenders before the courts below within one month from today and applies for bail, his prayer for bail shall be considered and decided by the courts below in view of the settled law laid down by the Full Bench of this Court in the case of Amrawati & Anr Vs. State of U.P. reported in [2004 (57) ALR 290] as affirmed by Hon'ble the Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in [2009 (3) ADJ 322 (SC)]. Till the period of one month, no coercive measure shall be taken against the applicant.

Order Date :- 15.5.2013

Virendra