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MOHD. KHALID & OTHERS versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Mohd. Khalid & Others v. State Of U.P. & Others - APPLICATION U/s 482 No. 7857 of 2003 [2003] RD-AH 320 (17 September 2003)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

HON. S.S. KULSHRESTHA, J.

Heard the learned counsel for the applicants and also the learned A.G.A. and perused the materials on record.

From the perusal of the  allegations made in the F.I.R.  and also in the  statement  of the witness  under section 161, prima facie  offence  is appearing against the accused applicants. Merely because  after submission of the charge sheet  witnesses have  filed their  affidavits  denying involvement of that accused applicants would not be a ground  to quash the charge sheet. Sufficient materials are there  to make  out offence under section 307 I.PC. against the accused applicants. Reliance may be placed on the cases of Haryana v. Ch. Bhajan Lal [1992 Supp 1 SCC 335 : 1992 Cr LJ 527 (SC)]  and Ajay Mitra vs. State of UP [AIR 2003, (SC) Page 1069].

I do not find any justified and justifiable    ground  to quash the charge sheet under section 307 I.PC. However,  request has been made  that the bail application of the accused applicants  be considered  expeditiously. No  directions are required to be given in this regard.  In the result this  application is dismissed.

17-9-03

skv/7857-03


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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