Allahabad High Court
Jaipal Singh vs State Of U.P. And Another on 7 July, 2010
Court No. - 5 Case :- U/S 482/378/407 No. - 2865 of 2010 Petitioner :- Jaipal Singh Respondent :- State Of U.P. And Another Petitioner Counsel :- Somesh Tripathi Respondent Counsel :- Govt. Advocate Hon'ble Vedpal,J.
This petition under Section 482 Cr.P.C. has been filed by the petitioner for quashing the Charge sheet No.02/2010 (Crime Case No.1661 of 2009) under Sections 323/504/506 I.P.C. & Section 3(1) (x) of SC & ST Act, Police Station Purwa, District Unnao, setting aside the order dated 19.3.2010 passed by the learned Civil Judge (J.D.) Judicial Magistrate, Purwa, Unnao as well as summoning order dated 16.5.2010.
Notice on behalf of the opposite party no.1 has been accepted by the learned A.G.A.
Notice against the opposite party no.2 is dispensed with.
Heard the learned counsel for the parties and perused the record of the case.
Chargesheet which has been sought to be quashed under Section 482 Cr.P.C. pertains to the offence punishable under under Sections 323/504/506 I.P.C. & Section 3(1) (x) of SC & ST Act, Police Station Purwa, District Unnao. The chargesheet was submitted by the police after detailed investigation in the matter. Statement of witnesses under Section 161 Cr.P.C. was recorded at length. It is settled law that inherent power to quash the chargesheet, should not be exercised to stiffle the legitimate prosecution. It would be erroneous to assess the reliability of the witnesses at this stage. A perusal of the record prima facie discloses the commission of cognizable offence for which chargesheet has been submitted. There is nothing on record to show that proceedings is malafide, frivolous or vexatious. In these circumstances there appears no sufficient ground to interfere in the matter and the progress of the trial before the court below.
In the end, learned counsel for the petitioner confines his prayer for expeditious disposal of the bail application in case the applicant surrenders before the court below. No doubt it is the right of everyone that his bail application be disposed of expeditiously.
It is therefore, provided that if the petitioner surrenders before the court below within ten days and moves application for his bail, the same shall be considered and disposed of by the courts below, expeditiously in the light of the law laid down by Full Bench of this Court in case of Smt. Amrawati and another Vs. State of U.P. reported in 2005 CBC page 705.
With the aforesaid direction/observation, this petition is disposed of finally.
Order Date :- 7.7.2010 Tripathi/Shukla