Allahabad High Court
Sanjeev Kumar Singh & Another vs State Of U.P & Others on 11 January, 2010
Author: Rajesh Chandra
Bench: Rajesh Chandra
Court No. - 27 Case :- APPLICATION U/S 482 No. - 33173 of 2009 Petitioner :- Sanjeev Kumar Singh & Another Respondent :- State Of U.P & Others Petitioner Counsel :- V.N. Tripathi Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Chandra,J.
The applicants have filed this application under section 482 of the Code of Criminal Procedure to quash the Charge sheet as well as the proceedings of case No. 321/2008 (State Vs. Sanjeev Kumar Singh and another) case crime no. 305/2009 under Section 419, 420 I.P.C., Police Station Badagaon District Varanasi pending in the court of IV Addl. Civil Judge (J.D.)/IV J.M. Varanasi) The learned counsel for the applicants argued that the Charge sheet has been submitted without collecting proper evidence and as such is liable to be quashed. It has further been argued that the lower court has summoned the applicants in a routine manner and without applying its mind.
The learned AGA on the other hand argued that Charge sheet has been filed after proper investigation and after collecting sufficient material making out prima facie case against the applicants.
I have considered over the argument and also perused the papers. In the case the material collected by the investigating officer is sufficient to make out prima facie offence against the applicants and since there is sufficient evidence against the accused applicants I do not find any illegality or irregularity in the filing of the Charge sheet or in the order of the lower court by which the applicants have been summoned.
The application is therefore, dismissed.
However, the learned lower court is directed that after the applicants surrenders in the court within three weeks from today their bail application shall be disposed of in the light of the judgement passed by 7 judges Bench of this court in Amarawati and another Vs. State of U.P., 2005 Cr.L.J. 755 as approved by the Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P. In Criminal Appeal No. 538 of 2009 Supreme Court dated 23.3.2009.
Order Date :- 11.1.2010 Naresh