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2010 DIGILAW 3273 (ALL)

Kamlesh Kumari v. State Of U. P. Thru Home Secy.

2010-10-22

RAJ MANI CHAUHAN

body2010
Hon'ble Raj Mani Chauhan,J. 1. Heard learned counsel for the petitioner and learned Additional Government Advocate for the State as well as perused the documents available on record. 2. This petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the 'Code') has been filed by the petitioner with the following prayers: "The humble petitioner respectfully prayed that this Hon'ble Court may kindly be pleased that the charge-sheet case no. 9558/2010 crime no. 852/2008, under Sections 420, 406, 120-B IPC, P.S. Gomti Nagar, District Lucknow, may kindly be quashed by this Hon'ble Court." 3. The submission of learned counsel for the petitioner is that neither the petitioner was named in the First Information Report nor the Investigating Officer has collected any evidence that the petitioner has played any role in withdrawal of the so called amount from the account of the complainant. The Investigating Officer has charge-sheeted the petitioner only on the ground that one of the co-accused had named the petitioner too. In this way there is no evidence against the petitioner. 4. Learned counsel further submits that this petition may be finally disposed of with the direction to the Trial Court that in case the accused appears before the court below and moves any application for bail the same will be disposed of by both the courts below expeditiously on the same day. 5. Learned A.G.A. opposed the petition. Considered the submissions of learned counsel for the petitioner and learned A.G.A. for the State. 6. Keeping in view the submission of learned counsel for the petitioner as well as facts and circumstances of the case and the role assigned to the petitioner, the petition is finally disposed of with the observation that in case the petitioner appears before the court below and moves any application for bail, the same will be disposed of by the courts below expeditiously preferably on the same day. 7. It is also observed that in case the bail application of the accused is allowed and the bail bonds are to be verified keeping in view the amount of bail bonds to be furnished by the accused, the bail bonds filed by the accused will be accepted provisionally subject to the final verification of the bail bonds.