Radhey Shyam Jaiswal And Another vs State Of U.P.
2015 Latest Caselaw 703 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 30
 

 
Case :- APPLICATION U/S 482 No. - 14893 of 2015
 

 
Applicant :- Radhey Shyam Jaiswal And Another
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Aashish Mishra,Varindra Kumar Rai
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Suneet Kumar,J.

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

This application under Section 482 Cr.P.C. has been filed for quashing the proceedings of S.T. No. 63 of 2009 arising out in Case Crime No.31 of 2009, under Sections 8/20/29,  NDPS Act, P.S. Kotwali Chandaulli, District Chandaulli pending inthe Court of ASJ/Special Judge (SC/ST Act), Chandaulli.

I have gone through the memo of application and the affidavit filed in support of this application as well as the impugned order and I do not find that the impugned order suffers from any illegality or infirmity requiring any interference by this Court. The learned Additional Sessions Judge/Special Judge (SC/ST Act) after noticing that there was legally admissible evidence on record indicating at the complicity of the applicants in the commission of offence under Sections 8/20/29,  NDPS Act summoned the applicants to face the trial of the charges.

The application lacks merit and is accordingly, dismissed. 

However, it is directed that if the applicants appear and surrender before the court below within three weeks from today and apply for bail, their prayer for bail shall be considered and decided expeditiously.

Order Date :- 27.5.2015

Ashish Pd.