The High Court dismissed an application under Section 482 Cr.P.C. seeking quashing of the charge sheet and direction for further investigation, holding that interference is unjustified once a charge sheet is filed and evidence collected.
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Neutral Citation No. - 2024:AHC-LKO:15819
Court No. - 28
Case :- APPLICATION U/S 482 No. - 1644 of 2024 Applicant :- Fakhruddin Alias Wahid Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt., Lko. And Others
Counsel for Applicant :- Bare Lal Bhartiya,Indra Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Brij Raj Singh,J.
Heard Sri Indra Pratap Singh, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present 482 Cr.P.C. application has been filed with a prayer to quash the order dated 23.12.2023 passed by Additional Chief Judicial Magistrate, Court No.21, Sultanpur in Case Crime No.227 of 2023 (State vs. Abdul Rahman @ Pappu and others) under Sections 147, 148, 307, 323, 336, 504, 506 IPC., Police Station Kudwar, District Sultanpur with a further direction to make further investigation in the case.
Learned counsel for the applicant submitted that the Investigating OfÏcer has investigated the case and filed charge sheet against five accused. The charge sheet has been filed under sections 147, 148, 323, 336, 504, 506 IPC against opposite party no. 4 to 7 whereas against opposite party no. 8 charges were framed under sections 147, 148, 307, 323, 336, 504, 506 IPC. Learned counsel for the applicant has submitted that the complainant has given statement that opposite party no.4 Abdul Rahman had assaulted with fire arm which missed and while the filing the charge sheet, section 307 IPC is not invoked against the opposite party no. 4 Abdul Rahman. It has been submitted by learned counsel for the applicant that further investigation may be directed and appropriate direction may also be issued to file the report under section 173 Cr.P.C.
The court below has passed the order on 23.12.2023 rejecting the application of the petitioner with an observation that charge sheet has been filed in the court and grievance of the applicant would be considered at an appropriate stage when the evidence would be considered by the court.
This court is of the view that once the charge sheet has been filed and evidence has been collected by the Investigating OfÏcer, the court below while framing the charge sheet will certainly looked into evidences and pass appropriate order. At this stage, there is no justification to interfere in the case.
The application is disposed off.
Order Date :- 21.2.2024 Pks
Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the High Court should interfere with the Additional Chief Judicial Magistrate's order on framing of charges before evidence is examined.
1 provisions across 1 enactments
Fakhruddin Alias Wahid
State Of U.P. Thru. Addl. Chief Secy. Home Deptt., Lko.
Brij Raj Singh
As recorded by the court registry
2 orders share this CNR
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