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SIYA RAM MAURYA & OTHERS versus STATE OF U.P. & ANOTHER

High Court of Judicature at Allahabad

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Siya Ram Maurya & Others v. State Of U.P. & Another - APPLICATION U/s 482 No. 373 of 2006 [2006] RD-AH 832 (12 January 2006)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble M. K. Mittal, J.

Heard Sri B. D. Mishra, learned counsel for the applicants, learned A.G.A. and perused the record.

Application has been filed for quashing the charge sheet in case no. 224 of 2005 under Section 419, 420, 467, 468, 471, 120-B IPC, P.S. Kotwali Nagar, Kanpur Nagar.

Accused are alleged to have forged Mukhtarnama in this matter. Applicant had also filed a writ petition in this Court and by order dated 30.8.2005 their arrest was stayed for three weeks. During that period they were directed to surrender before the Trial Court and to take steps for their bail.

Contention of the learned counsel for the accused applicants is that in this matter charge sheet was submitted and the Circle Officer directed the Investigating Officer to make fresh and correct investigation. It appears that this order was passed on 3.10.2005. Thereafter it appears that Investigating Officer recorded the statement of Rama Shanker on 24.10.2005 and thereafter submitted the charge sheet which was filed in the Court and the cognizance has been taken by order dated 30.11.2005.

The contention as made by the learned counsel for the accused applicants that Circle Officer had given a finding that Investigating Officer had not correctly investigated the matter is not sufficient to quash the charge sheet at this stage. Accused were already given time by this Court to surrender for bail but they have not complied with the order.

In the circumstances, I do not find any ground to quash the charge sheet. Application is devoid of merits and is liable to be dismissed and is hereby dismissed.

Dated: 12.1.2006

RSK/373/06


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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