Allahabad High Court
Bali Alias Parmeshwar Bali vs State Of U.P. on 23 July, 2010
Author: Vinod Prasad
Bench: Vinod Prasad
Court No. - 54 Case :- APPLICATION U/S 482 No. - 23576 of 2010 Petitioner :- Bali Alias Parmeshwar Bali Respondent :- State Of U.P. Petitioner Counsel :- A.C.Srivastava Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Heard learned counsel for the applicant and the learned AGA.
The order dated 26.5.2010 indicates that the C.J.M. Gautambudh Nagar did not give proper opportunity to the accused person to argue on the question of charge. This fact is disclosed from the perusal of the order-sheet of Case No. 17351 of 2009 relating to Crime No. 426 of 2009, State Vs. Sukhveer and another, under Sections 420, 467, 468 I.P.C., P.S. Kasan, District Gautambudh Nagar.
After hearing the learned counsel for the applicant and the learned AGA, I set aside the order dated 26.5.2010 and direct C.J.M., Gautambudh Nagar to give adequate opportunity to the accused to prepare the case and then hear on the question of charge. C.J.M., Gautambudh Nagar is further directed to hear the accused on the question of charge within a period of one month. Impugned order dated 26.5.2010 framing of charge against the applicant is set aside with the aforesaid observation by allowing this application. Order Date :- 23.7.2010 Manoj