RAJEEV TEWARI Vs. STATE OF U.P.AND ANOTHER
LAWS(ALL)-2009-11-174
HIGH COURT OF ALLAHABAD
Decided on November 05,2009

Rajeev Tewari Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

ALOK K.SINGH,J. - (1.) HEARD learned Counsel for the petitioner and learned A.G.A. who has put in appearance on be­half of the State. At this stage there is no need to issue notice to opposite party No. 2, hence it is dispensed with.
(2.) THIS application under section 482 Cr.P.C. has been filed for quashing of the summoning order dated 11.05.2009 as also the proceedings of the Criminal Case No. 649 of 2009, under sections 323, 504, 506 and 427 I.P.C. and section 3 (1) (x) SC/ST Act, pending in the Court of Judicial Mag­istrate, 1st Hardoi arising out of the charge-sheet filed in Crime No. 36 of 2009, under sections 323, 504, 506 and 427 I.P.C. and section 3 (1) (x) SC/ST Act, Police Station Harpalpur District Hardoi. The allegations are factual in na­ture and at this stage, there does not ap­pear to be any good ground for quashing of the proceedings arising out of the charge sheet, which has been filed on the basis of the accusations made in the F.I.R., state­ment recorded under section 161 Cr.P.C. and the material collected during the inves­tigation.
(3.) IT is contended on behalf of the ap­plicant/petitioner that except section 3 (1) (x) SC/ST Act, the other sections of the In­dian Penal Code are triable by Magistrate and the same are not of grave nature. Nev­ertheless, the applicant/petitioner being law abiding citizen intends to appear be­fore the Court below to obtain the bail.;


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