Nirmal Kumar Shukla & Another vs State Of U.P. & Another
2014 Latest Caselaw 5507 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 7
 

 
Case :- U/S 482/378/407 No. - 784 of 2008
 

 
Applicant :- Nirmal Kumar Shukla & Another
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Applicant :- Sanjeev Pandey
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Ravindra Singh,J.

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

This application is filed by the applicants with a prayer that the  charge sheet of the case crime no. 261 of 2005, under Sections 323 IPC and section 3(1)X SC/ST Act, P.S. Asandara, District Barabanki pending in the court of learned A.C.J.M, Court No.11, Barabanki may be quashed.

From the perusal of the record it appears that on the basis of the evidence collected by the I.O. during investigation prima facie offence under the aforesaid sections is made out, therefore, the prayer for quashing the charge sheet is refused.

The order order dated 27.2.2008 is hereby vacated.

Considering the facts and circumstances of the case and submissions made by the learned counsel for the applicants it is directed that in case the applicants appear before the court concerned within 30 days from today and apply for bail, the same shall be considered and disposed of in strict compliance of the direction given by full bench of this court in the case of Smt Amrawati and another Vs. State of U.P. (2004) (57) ALR, 390., and for the aforesaid period of 30 days no coercive steps shall be taken against the applicants.

With the above direction the application is finally disposed of.

Order Date :- 1.9.2014

RPD