Single judge rejected Hikari Raj Singh application under Section 482 Cr.P.C. to quash charge sheet and stay proceedings in IPC 406 case.
Application rejected; interim order discharged.
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Court No. - 14
Case :- APPLICATION U/S 482 No. - 16678 of 2005
Applicant :- Hari Raj Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Dinesh Kumar Counsel for Opposite Party :- Govt. Advocate
Hon'ble Umesh Kumar,J.
Case called in revised list. None is present on behalf of applicant. Learned AGA on behalf of State is present.
By means of this application under Section 482 Cr.P.C, prayer to quash charge sheet in Case Crime No. 561 of 2001 under Section 406 IPC, PS. Chandpur district, Bijnor pending in the Court of ACJM-I, Bijnor has been made. Further prayer, is to stay the proceedings of the case thereof.
This Court at the time of admission, by order dated 22.11.2005 has issued notices to the opposite parties and had granted interim protection.
I have gone through the material available on record and have heard learned AGA.
Learned AGA submits that after completion of investigation, the I.O. has submitted charge sheet in the matter on the basis of cogent and credible evidence collected by him during investigation and thus, there is no illegality in the impugned charge sheet.
After careful consideration of the matter, I find no illegality or infirmity whatsoever in the impugned charge sheet and order dated 27.3.2003 by which, learned Magistrate has taken cognizance of the matter. The application lacks merit and is liable to be rejected.
The application is accordingly, rejected. The interim order granted earlier stands discharged.
Order Date :- 8.3.2019 Shahid
1 issue framed by the court
Whether the charge sheet stands quashed under Section 482 Cr.P.C.
2 provisions across 2 enactments
Hari Raj Singh
State Of U.P.
Umesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
