Heard learned counsel for the applicants and learned A.G.A.
This application has been filed with a prayer to quash the order dated 12.10.2010 passed by learned C.J.M., Ambedkar Nagar in criminal case No. 4496 of 2010 arising out of chargesheet submitted in case No. 596 of 2010 under sections 498-A, 323, 506 IPC, and section 3/4 D.P. Act, P.S. Baskhari Bazar, District Ambedkar Nagar From the perusal of the record it appears that in the present case after collecting the material by the I.O. chargesheet has been submitted. The material collected by the I.O. disclosing the cognizable offence. There is no illegality in submission of the chargesheet, thereafter the learned Magistrate has taken the cognizance on 12.10.2010. The learned Magistrate concerned has not committed any error in taking the cognizance, therefore, the prayer for quashing the impugned order is refused..
However, considering the facts and circumstances of the case, it is directed that in case the applicant appears before the court concerned within 30 days from today and applies for bail, the same shall be heard and disposed of in view of Smt. Amrawati and Another Vs. State of U.P. 2005 Cr.L.J. 755 which has been approved by Hon'ble Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P. and others (2009)4 SCC 437 by the court below. Thereafter in case the applicant moves discharge application at an appropriate stage or raises the objection at the time of framing of the charge, the same shall also be heard and disposed of in accordance with law.
It is further directed that learned C.J.M. Ambedkarnagar shall ensure that the order of the cognizance shall not be taken on the contents mentioned in the ordersheet on the basis of the rubber stamp.
With the above direction, this application is finally disposed of.
Order Date :- 10.12.2010 RPD