List is revised.
Learned counsel for hte applicant is not present Heard learned A.G.A. and perused the record.
This application has been filed with a prayer to quash the chargesheet No. 178 of 2008 dated 13.9.2008 in case crime No. 287 of 2008 under sections 323, 504, 506, 498-A IPC and section 3/4 D.P. Act, P.S. Malihabad, Lucknow pending in the court of learned Special Addl. C.J.M. (CBI) Lucknow.
From the perusal of the record it appears that the allegation made in the FIR and the material collected by the I.O. is prima facie disclosing the offence. There is no illegality in taking the cognizance, therefore, prayer for quashing the impugned chargesheet is refused.
The interim order dated 20.3.2009 is hereby vacated.
After perusing the record and considering the nature of the allegations, it is directed that in case the applicant appear before the court concerned within 30 days from today and applies for bail, the same shall be heard and disposed of by the courts below in view of Smt. Amrawati and another Vs. State of U.P. 2005 Cr.L.J. 755. which has been approved by Hon'ble Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P. and others (2009) 4 SCC 437.
With this direction, this application is finally disposed of.
Order Date :- 17.10.2011 RPD