RAM NATH Vs. STATE OF U.P.

JUDGEMENT

(1.) THE applicant has filed this application under Section 482 of the Code of Criminal Procedure to quash the Chargesheet dated 17.7.2009 as well as the proceedings of Criminal Case no. 1775/2009 case crime no. 371/2007 under Sections 419, 420, 467, 468, 471, 406, 409 I.P.C. Police Station JogiyaUdaipur District Siddharth Nagar pending in the court of Chief Judicial Magistrate, Siddharth Nagar. The learned counsel for the applicant argued that the Charge sheet has been submitted without collecting proper evidence and as such is liable to be quashed. Similarly the lower court has summoned the applicant in a routine manner and without applying its mind.

(2.) THE learned A.G.A. on the other hand argued that Charge sheet has been filed after proper investigation and after collecting sufficient material making out prima facie case against the applicant. Hon'ble the Apex Court dealing with the scope of exercising jurisdiction under Section 482 Cr.PC. has held as under in State of A.P. v. Vangaveeti Nagaiah 2009 (65) ACC 951 = 2009 (78) AIC 201 (SC).

(3.) HOWEVER , the learned lower court is directed that after the applicant surrenders in the court within three weeks from today his bail application shall be disposed of in the light of the judgment passed by 7 judges Bench of this court in Amarawati and another v. State of U.P., 2005 Cr. LJ 755 as approved by the Apex Court in Lal Kamlendra Pratap Singh v. State of U.P. in criminal Appeal No. 538 of 2009 Supreme Court dated 23.3.2009. Till the three weeks no coercive steps will be taken against the accusedapplicant. Application dismissed.