Rama Kant Maurya vs The State Of U.P Thru Principal ...
2013 Latest Caselaw 7215 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 23
 

 
Case :- U/S 482/378/407 No. - 6191 of 2013
 

 
Applicant :- Rama Kant Maurya
 
Opposite Party :- The State Of U.P Thru Principal Secy., Home Lucknow And Anr.
 
Counsel for Applicant :- L.J Maurya
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Sudhir Kumar Saxena,J.

Heard learned counsel for the petitioner and learned A.G.A. for the State.

This petition under Section 482 Cr.P.C. has been filed by the petitioner for quashing the chargesheet submitted in Case Crime No. 30 of 2013, under Section 394 I.P.C., Police Station Sakaran, District Sitapur.

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

The chargesheet has been filed after  investigation which is based on the relevant materials. The chargesheet can be quashed only on limited grounds 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 petitioner 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 Hon'ble Apex Court in the case reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.

Till the aforesaid period or disposal of the bail application, whichever is earlier, no coercive measure shall be taken against the petitioner.

Order Date :- 29.11.2013

kkv/