Wasim Khan And 3 Others vs State Of U.P.And Another
2013 Latest Caselaw 2224 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- U/S 482/378/407 No. - 442 of 2007
 

 
Petitioner :- Wasim Khan And 3 Others
 
Respondent :- State Of U.P.And Another
 
Petitioner Counsel :- Ashutosh Bajpai
 
Respondent Counsel :- Govt.Advocate,Afzal Hasan
 

 
Hon'ble Ravindra Singh,J.

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

This application has been filed with prayer to quash the chargesheet in case crime No. 363 of 2005 under sections 498-A, 323, 506, 452 IPC, P.S. Kotwali, District  Bahraich pending in the court learned C.J.M. Bahraich vide criminal case No. 9693 of 2005.

From the perusal of the record, it appears that on the basis of material collected by the I.O. the prima facie offence is made out. Therefore, there is no irregularities or illegality in filing the charge-sheet, the prayer for quashing the charge-sheet is refused.

The interim order has already been vacated

However, it is directed that in case the applicants appear before the court concerned within 60 days from today apply for bail, the same shall be heard and disposed of  in view of 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.

With this direction, this application is finally disposed of.

Order Date :- 16.5.2013

RPD