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2015 DIGILAW 1304 (ALL)

Dharmendra Kumar Tripathi @ Nanke v. State of U. P

2015-05-20

VISHNU CHANDRA GUPTA

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JUDGMENT Vishnu Chandra Gupta, J. Heard learned counsel for the petitioners and learned A.G.A. for the State. 2. By means of this petition under Section 482 Cr.P.C., the petitioners, namely, Dharmendra Kumar Tripathi @ Nanke, Haribansh Kishore @ Radhey Lal, Abhishek @ Shubham, Nihal @ Sumesh, Sri Kant, Aditya and Deepu have prayed for quashing the Charge Sheet No. 58 of 2014 dated 07.12.2014 and entire further proceedings of Case No. 101 of 2015 (State Vs. Haribansh Kishore and others), arising out of Case Crime No. 343 of 2014, under Sections 323, 504, 506, 147, 148 I.P.C. & Section 3 (1)(X) S.C./S.T. Act, Police Station Mishrikh, District- Sitapur pending in the court of learned Additional Chief Judicial Magistrate-II, Sitapur as well as summoning order dated 17.01.2015 passed by learned Additional Chief Judicial Magistrate-II, Sitapur in above mentioned Case. 3. It has been contended by learned counsel for the petitioners that the petitioners have not been arrested. Neither they have surrendered before the Court below nor got them bailed out. 4. From the perusal of material 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 petition lacks merit. 5. However, if the petitioners surrender before the court below within three 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 judgment delivered by the Apex Court reported in 2009 (3) ADJ 322 (SC) (Lal Kamlendra Pratap Singh Vs. State of U.P.), in case the accused petitioners have not yet surrendered and applied for bail. 6. For three weeks or till the date of surrender, whichever is earlier, no coercive steps shall be taken against the petitioners. With this observation, the petition is finally disposed of.