The applicants have filed this application under section 482 of the Code of Criminal Procedure to quash the charge sheet dated 2.3.09 as well as entire proceedings of case No. 119 of 2009 arising out of case crime no. 15 of 2009 (State Vs. Maryad Maurya & Others) under Sections 323,504,506 IPC & u/s 3(1) X SC/ST Act PS Baluwa, District Chandauli pending in the court of Civil Judge ( J.D.)/J.M.Chandauli.
It has further been prayed that further proceedings of the aforesaid case may remain stayed during pending of this application. The learned counsel for the applicants argued that the Charge sheet has been submitted without collecting proper evidence and as such is liable to be quashed. It has further been argued that the lower court has summoned the applicants in a routine manner and without applying its mind.
The learned AGA on the other hand argued that Charge sheet has been filed after proper investigation and after collecting sufficient material making out prima facie case against the applicants. I have considered over the argument and also perused the papers in the case. The material collected by the investigating officer is sufficient to make out prima facie offence against the applicants and since there is sufficient evidence against the accused applicants I do not find any illegality or irregularity in the filing of the Charge sheet or in the order of the lower court by which the applicants have been summoned.
The application is therefore, dismissed.
Learned counsel for the applicants pointed out that the applicant no.3, Maryad Maurya and applicant no.4, Davendra Maurya have already been granted bail by the lower court. However, the learned lower court is directed that after the applicant no.1 Mrityunjay Maura and applicant no.2 Sanjay Kumar Maurya surrender in the court within four weeks from today their bail application shall be disposed of in the light of the judgement passed by 7 judges Bench of this court in Amarawati and another Vs. State of U.P., 2005 Cr.L.J. 755 as approved by the Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P. In Criminal Appeal No. 538 of 2009 Supreme Court dated 23.3.2009.
Dt-11/1/2010sm Order Date :- 11.1.2010 SM