The applicant has filed this application under section 482 of the Code of Criminal Procedure to quash the Charge sheet dated 8.6.2009 as well as the proceedings of case crime no. 06 of 2009 under Sections 498-A, 323, 504, 506 I.P.C. Police Station Women Police Station Kanpur Nagar, District Kanpur Nagar pending in the court of Chief Judicial Magistrate, Kanpur Nagar.
It has further been prayed that the proceedings of the aforesaid case may be stayed during the pendency of this application.
The learned counsel for the applicant argued that the Charge sheet has been submitted without collecting proper evidence and as such is liable to be quashed. It has further been argued that the lower court has summoned the applicant in a routine manner and without applying its mind. The learned AGA on the other hand argued that Charge sheet has been filed after proper investigation and after collecting sufficient material making out prima facie case against the applicant.
I have considered over the argument and also perused the papers. In the case the material collected by the investigating officer is sufficient to make out prima facie offence against the applicant and since there is sufficient evidence against the accused applicant I do not find any illegality or irregularity in the filing of the Charge sheet or in the order of the lower court by which the applicant has been summoned.
The application is therefore, dismissed.
However, the learned lower court is directed that after the applicant surrenders in the court within three weeks from today his bail application shall be disposed of in the light of the judgement passed by 7 judges Bench of this court in Amarawati and another Vs. State of U.P., 2005 Cr.L.J. 755 as approved by the Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P. In Criminal Appeal No. 538 of 2009 Supreme Court dated 23.3.2009. Order Date :- 19.1.2010 Naresh