Heard learned counsel for the applicant, learned A.G.A. and Sri Dileep Kumar Tiwari, learned counsel for the O.P. No. 2.
This application has been filed with prayer to quash the proceedings of case No. 1163 of 2010 under section 323, 504, 506 IPC and section 3(1) X SC/ ST Act pending in the court of learned A.C.J.M. Court No. 19, Sultanpur.
From the perusal of the record, it appears that in the present case the chargesheet has been submitted in case crime No. C-65 of 2010 by which the learned Magistrate has taken the cognizance. There is no illegality in the proceedings of the above mentioned case, therefore, the prayer for quashing the same 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.
With the above direction, this application is finally disposed of.
Order Date :- 10.12.2010 RPD