Allahabad High Court
Dalip Singh vs State Of U.P. And Another on 11 December, 2019
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 76 Case :- APPLICATION U/S 482 No. - 31096 of 2009 Applicant :- Dalip Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- I.M. Khan,Rajesh Kumar Singh Counsel for Opposite Party :- Govt. Advocate,Jawahir Yadav Hon'ble Mrs. Manju Rani Chauhan,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed to quash the proceeding of Criminal Case No.43 of 2008 (State Vs. Dilip Singh), under Sections 420, 477 I.P.C., Police Station Sihanigate, District Ghaziabad, pending before Chief Judicial Magistrate, Court No.3, District Ghaziabad.
It has been submitted by learned counsel for the applicant that an FIR was lodged on 05.06.2006 by opposite party no.2 against the applicant under Section 420, 477 I.P.C. The matter was investigated and statements of witnesses were recorded after which charge sheet has been submitted. It has been argued that charge sheet has been submitted in illegal and arbitrary manner.
It has been pointed out by learned A.G.A. that the present application has been filed concealing the fact that charges have already been framed and the order framing charges dated 18.08.2009 is annexed as Annexure C.A.1 to the counter affidavit.
Learned counsel for the applicant has not denied the fact with respect to framing of charge, in reply to the para 4 of the counter affidavit, in which the aforesaid fact has been mentioned.
Considered the submissions advanced by learned counsel for the parties and I find no ground for quashing the charge sheet in Criminal Case No.43 of 2008.
The application being devoid of merit is hereby rejected.
Let a copy of this order be communicated to the concerned court.
Order Date :- 11.12.2019 Anand Sri./-