In an anticipatory bail application filed post-charge sheet submission, the Court held that investigating adequacy lies beyond Section 438 Cr.P.C. scope. The application was dismissed as lacking merit.
Application dismissed on merits as a post-charge sheet anticipatory bail petition.
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Court No. - 67
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5128 of 2021
Applicant :- Phool Chandra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Samya Lal Pandey,Vinay Prakash Shukla Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard Sri Vinay Prakash Shukla, learned counsel for the applicant and learned AGA for the State.
The present application under Section 438 Cr.P.C. is being filed after the submission of charge sheet and the cognizance has been taken in the matter.
Sufficiency or insufficiency of the material during investigation, resultantly submission of charge sheet and cognizance order is beyond the scope of Section 438 Cr.P.C..
The applicant, if so advise, may invoke other proper remedy of this Court for redressal of his grievance.
With this observation the present application under Section 438 Cr.P.C. lacks merit and accordingly dismiss.
Order Date :- 26.7.2021 Abhishek Sri.
2 issues framed by the court
Whether an anticipatory bail application can be entertained after the submission of charge sheet.
Whether sufficiency of investigation material falls within the scope of Section 438 Cr.P.C.
1 provisions across 1 enactments
Phool Chandra
Rahul Chaturvedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
