LAWS(ALL)-2010-2-153

RAM LAKHAN SINGH Vs. STATE OF U.P.

Decided On February 03, 2010
RAM LAKHAN SINGH Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) HEARD the learned counsel for the petitioners and learned A.G.A. who has put in appearance on behalf of opposite party nos.1 and 2.

(2.) AT this stage notice in respect of opposite party no.3 is dispensed with.

(3.) THE charge-sheet has been filed on the basis of the accusation made in the F.I.R. and the evidence collected during investigation including the statements under Section 161 Cr.P.C. The other averments are factual in nature that cannot be adjudicated in the present application. There does not appear to be any sufficient cogent ground for quashing of the charge-sheet or entire proceedings. Learned counsel for the petitioners however submits that the offences are triable by Magistrate and not so grave except Section 3 (1) X S.C.S.T. Act. He also submits that petitioner no.1 is 83 years of age and as such he has become infirm who is entitled to get the benefit of the relevant provisions contained in Section 437 Cr.P.C in respect of granting bail in favour of infirm persons. Nevertheless, all the petitioners being law abiding citizens intend to participate in the proceedings after seeking bail.