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2015 DIGILAW 858 (ALL)

Mohd. Abrar Khan v. State of U. P

2015-04-17

VISHNU CHANDRA GUPTA

body2015
JUDGMENT Vishnu Chandra Gupta, J. Heard learned counsel for the petitioner and the learned A.G.A. for the State. 2. By means of this petition under Section 482 Cr.P.C., the petitioner, namely, Mohd. Abrar Khan has prayed for quashing the charge sheet no. 46 of 2014 dated 10.09.2014, arising out of Case Crime No. 223 of 2014, under Sections 353, 504, 506 I.P.C. & 4/10 UP GPT Act & 3 (1)(X) S.C./S.T. Act, Police Station Mahmoodabad, District- Sitapur as well as impugned cognizance order dated 12.01.2015 passed by learned Additional Chief Judicial Magistrate- II, Sitapur in above mentioned case. 3. It has been contended by learned counsel for the petitioner that the petitioner has not been arrested. Neither he has surrendered before the Court below nor got him bailed out. 4. From the perusal of material on record, it could not be said that no case is made out against the petitioner. Therefore, at this stage no interference is called for by this Court. The petition lacks merit. 5. However, if the petitioner surrenders before the court below within three weeks from today and moves 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 petitioner has 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 petitioner. With this observation, the petition is finally disposed of.