Criminal Court No. 50 disposed of an application under Section 482 Cr.P.C. seeking to quash a charge sheet. The court found no infirmity or illegality in the order and refused the prayer, observing the case should be disposed off finally.
Prayer to quash charge sheet No. 307 of 2018 refused; application disposed of finally.
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Court No. - 50
Case :- APPLICATION U/S 482 No. - 3896 of 2019 Applicant :- Om Prajapati Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ramanuj Yadav Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
This case has been assigned by Hon'ble the Chief Justice vide order dated 31.1.2019.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the charge sheet No. 307 of 2018 dated 10.5.2018 as well as entire proceeding of Case No.1626 of 2018(State vs. Om Prajapati and another) arising out of Case Crime No. 237 of 2018 under Sections 493, 354 IPC, Police Station Kotwali Nagar, District Banda.
Learned counsel for the applicant submitted that impugned charge sheet is illegal, arbitrary, perverse and without evidence.
Learned counsel for the applicant submitted that applicant has been granted bail by the Court concerned.
Learned AGA opposed and submitted that the impugned charge sheet has been passed after considering whole evidence on record and is just and legal.
From perusal of record, it transpires that after investigation, charge sheet has been submitted and cognizance was taken against the applicant.
Having regard to the facts and circumstances of the case and having considered the submissions made by the learned counsel for the parties, I am of the view that no case is made out to interfere with the impugned order. There is no infirmity or illegality in the said order. The prayer made in the application is refused.
However, it is observed that in case the applicant moves discharge application, same shall be decided in accordance with law expeditiously.
With the above observations, the application stands disposed of finally.
Order Date :- 31.1.2019/P.P.
1 issue framed by the court
Whether the charge sheet under Sections 493, 354 IPC is illegal, arbitrary, perverse and without evidence warranting quashing under Section 482 Cr.P.C.
1 provisions across 1 enactments
Om Prajapati
State Of U.P.
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
