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Allahabad High Court · body

2017 DIGILAW 60 (ALL)

Manoj Kumar Yadav v. State Of U. P. Thru. Secy. Home Deptt. , U. P. Govt.

2017-01-06

MAHENDRA DAYAL

body2017
JUDGMENT : Mahendra Dayal, J. 1. Heard learned counsel for the applicant and learned AGA for the State. 2. The applicant has filed this application under Sections 482 of Cr.P.C., for quashing of the entire proceedings of Criminal Case No. 11097/2016 arising out of Case Crime No.268/2016 under Sections 413, 401, 414 I.P.C Police Station-Hasanganj, District-Unnao. 3. The contention of the learned counsel for the applicant is that the case was initially registered under Sections 411, 413, 401 I.P.C., in which, the applicant was granted bail, but the police instead of submitting the charge-sheet, under Section 411, 413, 401 IPC, submitted the charge-sheet under Sections 413, 401, 414 IPC. However, it is not disputed that the charge sheet was submitted by Police on the basis of material found during investigation. 4. Keeping in view of the aforesaid facts, this application is finally disposed of with the direction that in case the applicant surrenders before the court below and seeks bail within a period of two weeks from today, his bail application shall be consider expeditiously in accordance with law laid down by the Hon'ble Supreme Court of India.