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Mohd. Naseer vs State Of U.P. & Anr.

High Court Of Judicature at Allahabad|29 June, 2010

JUDGMENT / ORDER

Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application filed under section 482 Cr.P.C. the applicant has prayed for quashing the charge-sheet submitted in Case Crime No.112 of 1995 under section 393 I.P.C., P.S. Gosaiganj, District Faizabad and the order dated 25.05.2010 passed by the Judicial Magistrate-III, Faizabad in Criminal Case No.586 of 2006, whereby non bailable warrant and proclamation under section 82 Cr.P.C. has been issued against the applicant.
The record shows that the concerned police has filed charge-sheet against one Bhutto Ali, wherein the applicant has been shown as absconder. He has also been challaned under section 393 I.P.C. It is contended that the applicant wants to appear before the trial court. There appears no obstacle/hindrance for the applicant to appear before the trial court.
Upon perusal of the record, it cannot be said that no offence is prima facie made out against the applicant and thus there appears no ground for quashing the charge-sheet. The prayer for quashing the charge-sheet is accordingly refused.
It is, however, provided that in case the applicant surrenders before the trial court within ten days from today and moves for bail, his bail application be considered and disposed of expeditiously in accordance with law.
With the observation as aforesaid, this petition is disposed of finally. Order Date :- 29.6.2010 ank
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Title

Mohd. Naseer vs State Of U.P. & Anr.

Court

High Court Of Judicature at Allahabad

JudgmentDate
29 June, 2010