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