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Ayaz & Another v. State Of U.P. & Another - APPLICATION U/s 482 No. 10370 of 2006  RD-AH 16108 (15 September 2006)
Court No. 10
Crl. Misc. Application no. 10370 of 2006
Ayaz and another . . . . . . . . . . . . . . . . . . . . . . . . . . . Applicants.
State of U.P .and another . . . . . . . .. . . . . . . . . . . . . . . . Opp.Parties.
This is an application under section 482 Cr.P.C. for quashing the charge sheet dated 17.12.2004 registered as case no. 114 of 2004, State Vs. Ayaz and another.
The facts relevant for disposal of this application are that F.I.R. was lodged on 2.12.2004 by Waliullah against the applicants with the allegation that they had attacked upon his son Wasim and had fired at him and bullet after entering the coat had touched the chest of Wasim. The case was registered under section 307 I.P.C. but after investigation it was found to be a case under section 323/506 I.P.C. only and so charge sheet was submitted under these sections only and cognizance was taken by the Magistrate for the above offence against which this application under section 482 Cr.P.C. has been moved to quash the charge sheet.
I have heard learned counsel for the applicants and learned A.G.A. for the State.
The learned counsel for the applicants failed to point out any illegality in the order passed by the Magistrate. The application under section 482 Cr.P.C. has got no force and is liable to be dismissed. It is accordingly dismissed.
However, the applicants are directed to surrender before the Magistrate concerned within a period of one month and if any warrant has been issued against the applicants, execution of the same shall remain stayed during this period of one month to enable them to appear before the court. The bail application moved by the applicants after their surrender in the court below shall be heard and decided by the court concerned expeditiously.
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