Heard learned counsel for the applicant and learned A.G.A. This application under Section 482 Cr.P.C has been filed by accused applicant for quashing the charge sheet filed by the Investigating Officer in Crime No. 1124 of 2009 under Sections 420, 467 and 468 IPC P.S. Hazratganj district Lucknow. The applicants have further prayed for quashing the proceeding of Criminal Case No. 11931 of 2009 State Vs. Chandra Shekhar arising out of the above crime number.
At this stage, learned counsel for the applicants instead of pressing the application on merit requests that the application be disposed of with the direction to the trial court to dispose of the applicants' application for bail on the same day in case they surrender before the trial court within thirty days and move any application for bail. Learned counsel further submits that in case the accused applicants move an application for their discharge, the same shall also be disposed of by the trial court by passing a speaking and reasoned order before taking any other steps in the case. Learned A.G.A has no objection.
In view of the above submission of learned counsel for the applicants, the application is being disposed of finally with the observation that if the applicants surrender before the trial court within thirty days from today and move an application for bail, the same shall be disposed of by both courts below on the same day keeping in view the law laid down by the Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of Uttar Pradesh and others, reported in (2009) 4 SCC 437 and the law laid down by the full Bench of this Court in case of Smt. Amrawati Vs. State of U.P., reported in 2004 (57) ALR 390. In case the accused move an application for their discharge the trial court will disposed of their application by passing reasoned order before proceeding further with case.
Order Date :- 21.6.2010 Amit