Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the materials available on record .
This application under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the Code) has been moved by the accused Kshitiz Bhalla for quashing the charge-sheet no.186 of 2000 submitted by the Investigating Officer in case crime no.160 of 2000 under Sections 174, 145, 146, 151 of the Indian Railway Act and Sections 436, 147, 427 I.P.C., P.S. GRP, District Lakhimpur Kheri. The learned counsel for the applicant informs that co-accused Dharam Chand and three others had already filed an application under Section 482 of the Code for quashing of the same charge-sheet as detailed above. This Court vide order dated 5.11.2009 passed in Criminal Misc. Case No.1669 of 2007 disposed of the application with the observation that in case the accused appear before the trial court within three weeks from the date of order and move application for bail, their bail application be disposed of by the courts below preferably on the same day, if possible, keeping in view the law laid down by the Full Bench of this Court in the case of Amrawati and another Vs. State of U.P. 2004 CBC page, 705.
The learned counsel requests that this petition be disposed of also with the same direction.
In view of the submission of the learned counsel for the applicant, this petition is disposed of finally with the direction that in case the applicant appears before the court concerned with three weeks from today and moves any application for bail, his application will be disposed of by both the courts below preferably on the same day keeping in view the law laid down by the Full Bench of this Court in the case of Amrawati and another Vs. State of U.P. 2004 CBC page, 705.
In the meantime the warrant issued by the courts below against the accused will be kept in abeyance.
28.01.2010.
Prajapati/-