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Ayaz & Another v. State Of U.P. & Another - APPLICATION U/s 482 No. 10370 of 2006 [2006] RD-AH 16108 (15 September 2006)


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Court No. 10

                    Crl. Misc. Application no. 10370 of 2006

Ayaz and another  . . .  . . . . . .  . .  . . . . . . . .  . . .  . . .   . .  Applicants.


State of U.P .and another . . . . . .  . .. .  . . . .  . . . . . .  . . . . Opp.Parties.                                                                                                                                                                                                                            


Hon'ble R.K.Rastogi,J.

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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