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Sanjay Jain @ Happu Jain v. State Of U.P. And Others - CRIMINAL MISC. WRIT PETITION No. 9060 of 2005 [2006] RD-AH 3144 (10 February 2006)


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Court No.32

Criminal Misc.Writ Petition No. 9060 of 2005

Sanjay Jain @ Happu Jain .....Petitioner


State of U.P. & others & others .....Respondents


Hon'ble S.Rafat Alam, J.

Hon'ble Sudhir Agarwal,J.

We heard learned counsel for the petitioner and the learned Additional Government Advocate for the State-respondents.

At the out set it is stated that the Police, after necessary investigation, has submitted charge sheet in the court. In para-5 of the supplementary counter affidavit filed on behalf of the State-respondents, it is stated that the police after completing all the formalities of investigation submitted charge sheet vide Chargesheet No. 252-A/05, under Section 302/34 I.P.C., a copy of the charge sheet is also enclosed as Annexure SCA-1 to the affidavit.

In the case of Ram Lal Yadav Versus State of U.P. & others reported in 1989(1) AWC 270, a Full Bench consisting of seven Hon'ble Judges of this Court held that after submission of charge sheet the petitioner has got statutory remedy under the Code of Criminal Procedure by moving an application under Section 482 Cr.P.C. The Hon'ble Supreme Court has also in the case of State of Himachal Pradesh Vs. Prithi Chand & another reported in 1996 SCC (Criminal) 210 held that in the event of submission of charge sheet the aggrieved party has an efficacious remedy under the Code of Criminal Procedure.

In view of the aforesaid well settled legal position that the writ petition for quashing of the FIR, after submission of charge sheet, does not lie and cannot be proceeded with and the person aggrieved has adequate remedy under the Code of Criminal Procedure, the relief sought for in the writ petition cannot be granted.

The writ petition is, accordingly, dismissed as it has become infructuous. Interim order, if any, stands vacated.




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