MAHESH AND OTHERS versus STATE OF U.P. AND ANOTHER

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Mahesh And Others v. State Of U.P. And Another - APPLICATION U/s 482 No. 4556 of 2007 [2007] RD-AH 3708 (2 March 2007)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Ravindra Singh, J.

Heard learned counsel for the applicants and learned A.G.A.

This application is filed by the applicants , who are  six  in number,with a prayer that the charge sheet of the case crime no.   C4 of 2006, under Sections 147,498-A,323,506   I.P.C., and sections ¾ D.P.Act Act P.S. Gohan , district Jalaun may be quashed.

From the perusal of the record it appears that on the basis of the evidence collected by the I.O. during investigation prima facie offence under the aforesaid sections is made out, therefore, the prayer for quashing the charge sheet is refused.

IIt is further contended that the applicants want to appear before the court concerned, but there is reasonable apprehension in their mind that in case they appear before the court concerned and apply for bail their bail application shall not be considered and disposed of on the same day.

Considering the facts and circumstances of the case and submissions made by the learned counsel for the applicants it is directed that in case the applicants appear before the court concerned  within 30 days from today and apply for bail their bail application shall  be considered and disposed of expeditiously on the same day and  no coercive steps shall be taken against the applicants for a period of 30 days from today.

So far as respondent nos. 5  and 7 are concerned their  presence are dispensed with till the framing of the charge. Their  presence shall be noted through their counsel but they will have to appear on the date fixed for framing of the charge.

With the above direction the application is finally disposed of .

Dated: 2.3.2007

NA/4556/07

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