This court entertained an application under Section 482 Cr.P.C. seeking quashing of proceedings initiated under Section 302 IPC. The application was dismissed, leaving the trial court to decide on the final investigation report.
The application for quashing proceedings was dismissed; the court below to take action on the final report.
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Court No. - 17
Case :- APPLICATION U/S 482 No. - 43139 of 2017
Applicant :- Ayazuddin Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ganesh Shanker Srivastava,Ashwini Kumar Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
This application under Section 482 Cr.P.C. has been moved for quashing the entire proceedings, the charge sheet dated 21.9.2015 and the cognizance taken thereon on 16.1.2016, in Criminal case no.95 of 2016 arising out of Case Crime No.417 of 2015 (State vs. Ayazuddin) under section 302/34 IPC, Police Station Najibabad, District Bijnor pending in the court of Sessions Judge, Bijnor.
Learned counsel for the applicant contends that after filing the charge sheet in the aforesaid case crime no. and taking of cognizance by the court below thereon, the accused-applicant, Ayazuddin was granted bail by this Court vide order dated 3.7.2017. After coming out from jail, the accused-applicant moved an application before the Director General of Police for further investigation of this case and upon his making such a prayer, the investigation was transferred to district Sambhal. After further investigation, a final report dated 23.6.2016 has been submitted by the police in this case against the accused-applicant.
It is apparent from the above arguments and perusal of record, the prayer does not relate in respect of final report dated 23.6.2016 which has been subsequently filed by the police in the same crime no. It is for the court below to take decision on the final report in accordance with law.
It cannot be held by this Court at this stage that the cognizance taken by the court below earlier on the charge sheet dated 21.9.2015 was defective or beyond jurisdiction. No argument is made on behalf of the applicant by learned counsel that there was not sufficient evidence on record before the court below while taking cognizance on the charge sheet dated 21.9.2015.
In view of above, this application deserves to be dismissed and is accordingly dismissed with an observation that the court below may take appropriate action on the final report submitted by the police on 23.6.2016.
Order Date :- 4.1.2018 AU
1 issue framed by the court
Whether the application under Section 482 Cr.P.C. for quashing proceedings deserves allowance.
2 provisions across 2 enactments
Ayazuddin
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
