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AMICUS AI
Citation Codes
Neutral Citations
2010 AHC 27224
Equivalent Citations
citation codes
Case Number
Attorney(S)
Judges
Acts
  • section 498A 323, 504 and 506 IPC and D.P. Act.
  • section 239 Cr.P.C
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Cites
Cited by
Citation Codes
Neutral Citations
2010 AHC 27224
Equivalent Citations
citation codes
Case Number
Attorney(S)
Judges
Acts
  • section 498A 323, 504 and 506 IPC and D.P. Act.
  • section 239 Cr.P.C
To access the original judgment, please Sign In or Subscribe.

    Vivek Bhardwaj And Others v. State Of U.P. And Another

    Court No. - 54

    Case :- APPLICATION U/S 482 No. - 5203 of 2010

    Petitioner :- Vivek Bhardwaj And Others Respondent :- State Of U.P. And Another Petitioner Counsel :- Akhilesh Srivastava Respondent Counsel :- Govt. Advocate

    Hon'ble Ravindra Singh,J.

    Heard learned counsel for the applicants, Sri S. Irfan Ali learned counsel for

    the opposite party no. 2 and learned AGA.

    This application has been filed by the applicants with a prayer to quash the

    order dated 19.1.2010 passed by ACJM Court no. 6, Aligarh in Case No. 1129

    of 2009, under sections, 498A 323, 504 and 506 IPC whereby the discharge

    application under section 239 Cr.P.C has been rejected by learned ACJM,

    Court no. 6, Aligarh.

    From the perusal of the records, it appears that in the present case the

    chargesheet has been submitted by the I.O. The material collected by the I.O.

    has been considered by learned Magistrate concerned for disposing the

    discharge application. The learned Magistrate concerned has come to the

    conclusion that the material collected by I.O. prima facie is disclosing the

    commission of offence punishable under section 498A 323, 504 and 506 IPC

    and ¾ D.P. Act. Learned Magistrate has not been committed any error in

    passing the impugned order Therefore, the prayer for quashing the impugned

    order of above mentioned case is refused.

    However, considering the facts, it is directed that in case applicants appear

    before the court concerned within 30 days from today and apply for bail, the

    same shall be heard and disposed of expeditiously on the same day in view of

    decision relied upon by learned counsel for the applicants in the case of Smt.

    Amrawati and another Vs. State of U.P. reported in 2005 Cr.L.J. 755

    The same has been approved by the Hon'ble Apex Court in Lal Kamlendra

    Pratap Singh Versus State of U.P. on 23.3.2009 in Criminal Appeal No. 538

    of 2009.

    With this direction, this application is finally disposed of.

    Order Date :- 17.2.2010 SR

    Neutral Citation No. - 2010:AHC:27224

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    Vivek Bhardwaj And Others v. State Of U.P. And Another
    (Feb 17, 2010)