Allahabad High Court
Ramzan Khan & Ors. vs State Of U.P. & Anr. on 5 November, 2019
Author: Irshad Ali
Bench: Irshad Ali
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 14 Case :- U/S 482/378/407 No. - 7774 of 2019 Applicant :- Ramzan Khan & Ors. Opposite Party :- State Of U.P. & Anr. Counsel for Applicant :- Afzal Hasan Counsel for Opposite Party :- G.A. Hon'ble Irshad Ali,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
By means of this application under Section 482 Cr.P.C., the petitioners pray for quashing the impugned charge sheet No.01 dated 05.12.2018 vide Case Crime No.202/2018 under Sections 419, 420 IPC, Police Station - Khairighat, District - Bahraich and the order of cognizance and to quash the impugned order dated 09.04.2019 and to quash the proceeding of the Case No.5663 of 2019; State Vs. Sharef and others so far it relates to petitioners.
From perusal of the material available on record, it could not be said that no case is made out against the petitioners. Therefore, at this stage, no interference is called for by this Court. The application lacks merit.
However, if the petitioners, namely, Ramzan Khan and others surrender before the court below within four weeks from today and move bail application, the same shall be considered and disposed of expeditiously in accordance with law and also keeping in view the directions contained in the judgement delivered by the Apex Court reported in 2009 (3) ADJ 322 (SC) (Lal Kamlendra Pratap Singh Vs. State of U.P.).
For four weeks or till the date of surrender, whichever is earlier, no coercive steps shall be taken against the petitioners.
With the aforesaid observation / direction , this petition is finally disposed of.
Order Date :- 5.11.2019 Adarsh K Singh