Nanha And Ors. vs The State Of U.P Thru Principal ...
2014 Latest Caselaw 1854 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

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Court No. - 15
 

 
Case :- U/S 482/378/407 No. - 2193 of 2014
 

 
Applicant :- Nanha And Ors.
 
Opposite Party :- The State Of U.P Thru Principal Secy., Home Lucknow And Ors.
 
Counsel for Applicant :- Diwakar Shukla
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Mahendra Dayal,J.

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

The petitioners have filed the instant petition under Section 482 Cr.P.C. for quashing of the charge sheet arising out of Crime No. 376 of 2013, under Sections 323, 324, 325, 504, 506 IPC, and Section 3(1) (X) SC/ST Act, relating to P.S. Fatehpur 84, Disrict Unnao.

The learned counsel for the petitioners has submitted that the FIR of this case was lodged against the petitioners after two days of the alleged occurrence and the police has not found sufficient evidence but inspite of that the police submitted charge sheet against the petitioners and the learned Magistrate has also taken cognizance upon the charge sheet without application of mind.

Learned A.G.A., on the other hand, submitted that the police has conducted enquiry  and found sufficient evidence against the petitioners and submitted charge sheet against them. On the charge sheet the learned Magistrate has taken cognizance.

Having heard the learned counsel for the petitioners and the learned A.G.A. and perused the contents of the FIR, I do not find any sufficient reason for quashing of the Charge sheet. The petition being devoid of merit is hereby dismissed.  However, it is provided that in case the petitioners surrender before the court below within three weeks from the date of this order and apply for bail, their prayer for bail shall be considered by the court below expeditiously in accordance with the settled principle of law.

For the period of three weeks, no coercive measures shall be taken against the petitioners.

Order Date :- 19.5.2014

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