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