An applicant filed an application under Section 482 Cr.P.C. seeking to quash a charge sheet and cognizance order after they were already filed. The court held that once a charge sheet is submitted, Section 482 is inapplicable and dismissed the application for lack of merit.
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Court No. - 55
Case :- APPLICATION U/S 482 No. - 261 of 2020 Applicant :- Rambabu Rawal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vindeshwari Prasad,Praveen Kumar Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard Sri Arvind Kumar Sahu, Advocate holding brief of Sri Praveen Kumar Srivastava, learned counsel for the applicant, learned A.G.A. and perused the record.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the charge sheet dated 30.03.2019 as well as the cognizance order dated 12.07.2019, passed by Additional chief Judicial Magistrate-II, Budaun and the entire criminal proceeding of Case No. 633 of 2019, arising out of Case Crime No. 671 of 2018, under Sections 279, 304A, 338, 427 I.P.C., Police Station Bilsi, District Budaun, pending in the court of Additional Chief Judicial Magistrate-II, Budaun.
Learned counsel for the applicant has submitted that the entire case has been proceeded on the basis of a false and fabricated first information report. No such offence was committed by the applicant. The police on the basis of fabricated evidence has submitted charge sheet and the learned court below has also taken cognizance.
As per the own submission of the learned counsel for the applicant, it is clear that the first information report was lodged and on the basis of first information report, the case was investigated by the police and the charge sheet was submitted.
Once the charge sheet has been submitted, there is no question of invoking the jurisdiction under Section 482 Cr.P.C. for quashing of the charge sheet as well as the entire proceeding.
In view of aforesaid facts and circumstances, the applicant lacks merit and is liable to be dismissed.
Accordingly, the application under Section 482 Cr.P.C. is dismissed.
Order Date :- 9.1.2020 sailesh
1 issue framed by the court
Whether an application under Section 482 Cr.P.C. for quashing a charge sheet can be entertained after the charge sheet has been filed.
1 provisions across 1 enactments
Rambabu Rawal
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
