The Single Judge dismissed the quashing application invoking Section 482 Cr.P.C., finding no abuse of process or necessity to secure justice, and directed police to conclude investigation with monitoring.
Application dismissed; directed police to conclude further investigation early with monitoring by S.S.P./S.P.
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Court No. - 93
Case :- APPLICATION U/S 482 No. - 38531 of 2019
Applicant :- Pushpraj Singh @ Sonu Singh Opposite Party :- State Of U.P. And 3 Ors Counsel for Applicant :- Shilpa Ahuja,Nand Kishor Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and learned AGA for the State.
The present 482 Cr.P.C. application has been filed to quash the order dated 14.6.2019 passed by Chief Judicial Magistrate, Mahoba in Case No.1935 of 2015 (State Vs. Raju Singh alias Avnendra Singh and others), arising out of Case Crime No.98 of 2014, under Sections 147, 148, 149, 307, 302 IPC, Police Station Kharela, District Mahoba and direct the Chief Judicial Magistrate, Mahoba to conclude/decide the Case No.1935 of 2015, by the impugned order the learned C.J.M., Mahoba has directed the police to further investigate the matter and submit the report.
Initially the FIR was lodged against the four persons and the charge sheet was submitted only against Ramu Singh and three accused persons were exonerated by the police during the investigation. Learned counsel for the applicant has submitted that the matter pertains to the year 2014 and the trial has yet not been concluded.
Learned A.G.A. has opposed the prayer and submitted that the impugned order passed by the learned Magistrate is perfectly valid and it has been passed in its judicial competence.
After considering the rival submissions and considering the facts and circumstances of the case, this Court does not deem it fit to interfere in the impugned order as no abuse of process is seen in the impugned order and it is not necessary to secure the ends of justice to quash the impugned order.
The present application is finally disposed of with the direction that the police authorities shall conclude the further investigation as early as possible. The S.S.P./S.P. of the concerned district shall monitor the investigation.
Order Date :- 5.11.2019 Mini
1 issue framed by the court
Whether the trial court's order directing further investigation should be quashed under Section 482 Cr.P.C.
Colour shows how this judgement treated each authority
NoneReferred
3 provisions across 2 enactments
Pushpraj Singh @ Sonu Singh
State Of U.P.
3 Ors
Ajit Singh
As recorded by the court registry
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