Ram Kripal Malviya vs State Of U.P.
2013 Latest Caselaw 2282 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- U/S 482/378/407 No. - 919 of 2005
 

 
Petitioner :- Ram Kripal Malviya
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Vivek Shrotria
 
Respondent Counsel :- Govt.Advocate
 

 
Hon'ble Ravindra Singh,J.

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

This application has been filed with a prayer to quash the charge sheet No. 310 of 2003 dated 5.1.2004 in case crime No. 1989 of 2002  under section 409, 420 IPC, P.S. Kotwali Nagar, District Faizabad pending in the court of learned C.J.M. faizabad vide criminal cae No. 373 of 2003.

From the perusal of the record it appears that the material collected by the I.O. is prima facie disclosing the commission of the aforesaid offence. There is illegality in submission of the charge sheet and in taking the cognizance by learned Magistrate concerned. The prayer for quashing the impugned charge sheet is refused.

The interim order dated 26.4.2005 is hereby vacated.

However, considering the facts it is directed that in case the applicant appears before the court concerned within 60 days from today and applies for bail, the same shall be heard and dispose 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 Sigh Versus State of U.P reported in 2009(4) S.C.C. 437.

Accordingly the application is disposed of.

Order Date :- 17.5.2013

RPD