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2013 DIGILAW 1679 (ALL)

Drigpal Singh and Ors. v. State of U. P and Anr.

2013-06-26

SURENDRA VIKRAM SINGH RATHORE

body2013
Surendra Vikram Singh Rathore, J.— Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material available on record. This application under Section 482 Cr.P.C. has been filed by the applicants for quashing the Charge-sheet No.15 of 2012, dated 06.04.2012, and the summoning order dated 06.04.2012 arising out of Criminal Case No.4474 of 2012, (State Vs. Drigpal Singh & Others), relating to Case Crime No.136 of 2012, under Sections 323, 504, 506 I.P.C. and Section 3 (1) X S.C./S.T. Act, Police Station Maigalganj, District Lakhimpur Kheri pending before Additional Chief Judicial Magistrate, Court No.1, Lakhimpur Kheri. After arguing at length, learned counsel for the applicants submits that he does not want to press this application on merit and he confines his prayer only to the extent that a direction may be issued so that the applicants may surrender before the court concerned. I have very carefully examined the submissions advanced by the learned counsel for the petitioner and gone through the record. The chargesheet has been filed after investigation which is based on the relevant materials. The chargesheet can be quashed only on limited ground which are absolutely lacking in the instant case, as such, no interference is required to quash the impugned proceedings. The application lacks merit and is accordingly dismissed. However, it is provided that if the applicants surrender before the courts below within one months from today and apply for bail, their prayer for bail shall be considered and decided by the courts below in view of the settled law laid down by the Full Bench of this Court in the case of Amrawati & Anr Vs. State of U.P. reported in [2004 (57) ALR 290] as affirmed by Hon'ble the Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in [2009 (3) ADJ 322 (SC)]. Till the aforesaid period of one month no coercive measures shall be taken against the applicant. _____________