Heard learned counsel for the applicants and learned A.G.A.
This application has been filed by the applicants Kali Prasad Tiwari And Ors. with a prayer to quash the charge sheet No. 165 of 2012 dated 5.6.2012 in case crime No. 504 of 2012, under sections 384, 506 IPC, P.S. Kotwali City, District Gonda and to quash the entire proceedings of criminal case arising out of charge sheet i.e. case No. 3505 of 2012 pending in the court of learned C.J.M. Gonda.
From the perusal of the record it reveals that in the present case FIR has been lodged by Abhishekh Misra son of Sri Ram Prasad Mishra on 17.4.2012 in case crime No. 504 of 2012 under sections 147, 384, 506 IPC, P.S. Kotwali Nagar, District Gonda, the same was investigated and after investigation the I.O. has submitted the charge sheet. The material collected by the I.O. is prima facie disclosed the commission of the offence on which the learned Magistrate has taken the cognizance. In such a circumstance neither the I.O. nor the learned Magistrate has committed any error in filing the charge sheet and in taking the cognizance. The prayer for quashing the chargesheet as well as quashing the summoning order is refused.
The interim order dated 1.2.2013 is hereby vacated.
However, considering the facts, it is directed that in case petitioners appear before the court concerned within 30 days from today and apply 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 the Hon'ble Apex Court in Lal Kamlendra Pratap Sigh Versus State of U.P reported in 2009(4) S.C.C. 437.
With this direction, this petition is finally disposed of.
Order Date :- 2.9.2014 RPD