This applicant under Section 482 Cr.P.C. sought quashing of a charge sheet. Directions were given for a supplementary report regarding an unexamined witness before any coercive action is taken against the applicant.
Directions given for supplementary report; no coercive action until report submitted.
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Court No. - 45
Case :- APPLICATION U/S 482 No. - 29769 of 2018
Applicant :- Vijay Bhadur Singh @ Vijay Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Devraj Rajvedi,Bhagwati Singh Counsel for Opposite Party :- G.A.,Mahtab Alam
Hon'ble Siddharth,J.
Heard Shri Devraj Rajvedi, learned counsel for the applicant, learned A.G.A. for the State and Shri Mahtab Alam, learned counsel for O.P. No.2.
This application under Section 482, Cr.P.C. has been filed by the applicant praying to quash the charge sheet No.01 dated 25.9.2017 in pursuance of Case No.7081/17, first information report bearing No.241/17, under Sections 420/406, IPC, District Azamgarh, pending before the Chief Judicial Magistrate, Azamgarh as well the entire proceedings of the aforesaid case.
Submission is that the informant has alleged that the money was given to the applicant for the purpose of providing job to Atul Singh. The Investigating Officer has not examined Atul Singh nor has recorded his statement before submission of charge sheet.
Court below is directed to get a supplementary report from the Investigating Officer regarding version of Atul Singh and then proceed with the case. Till the supplementary report is submitted by the Investigating Officer, no coercive action shall be taken against the applicant in the aforesaid case.
The application stands disposed of.
Order Date :- 7.12.2018 T. Sinha
1 issue framed by the court
Whether the charge sheet requires supplementation before coercive action against the applicant.
1 provisions across 1 enactments
Vijay Bhadur Singh @ Vijay Singh
State Of U.P.
Siddharth
As recorded by the court registry
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