Shiv Poojan and Another vs The State Of U.P. and Another

Sudhir Kumar Saxena, J.—Heard learned counsel for the petitioners and learned A.G.A. for the State. This petition u/s 482 Cr. P.C. has been filed by the petitioners for quashing the chargesheet as well as summoning order dated 09.01.2013 passed by Chief Judicial Magistrate, Ambedkar Nagar in Criminal Case No. 4012 of 2012 (State Vs. Shiv Pujan and another), Case Crime No. 96 of 2012, under Sections 323, 504, 506 I.P.C. and Section 3(1)X SC/ST Act, Police Station Aliganj, District Ambedkar Nagar.

I have very carefully examined the submissions advanced by the learned counsel for the petitioners 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 petitioners surrender before the courts below within one month from today and apply for bail, their 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 petitioners.