Court dismissed application under Section 482 Cr.P.C. seeking quashing of charge sheet for cheating and fraud. Held charges not made out and bail offers sufficient safeguard.
Application to quash charge sheet and proceedings dismissed.
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Court No. - 49
Case :- APPLICATION U/S 482 No. - 18460 of 2018
Applicant :- Jagdish Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vipin Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 07.01.2016 as well as the entire proceedings of Case No. 1365 of 2016, arising out of Case Crime No. 562 of 2015, under Sections- 120-B, 419, 420 I.P.C., Police StationSigramau, District- Jaunpur, pending in the court of Judicial Magistrate-II, Jaunpur.
Learned counsel for the applicant submits that ingredients of offence as alleged are not made out against the applicant inasmuch as the fact allegation is to the effect and an imposter was seeking to appear in the competitive examination in place of the applicant. Even in that regard, it has been submitted that there is no evidence to implicate the applicant in the present case and that the charge sheet has been submitted on the basis of statement of only one witness.
Undoubtedly, the applicant has already been enlarged on bail. In such circumstances, sufficient safeguards are available to the applicant to seek discharge or even thereafter at the stage of trial.
No case is made out for interference, at this stage. The present application lacks merit and is accordingly dismissed .
Order Date :- 24.5.2018 A. Singh
1 issue framed by the court
Whether the charge sheeting for fraud and cheating offences warrants quashing of proceedings at the stage of filing.
1 provisions across 1 enactments
Jagdish Kumar
Saumitra Dayal Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
