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BHAGWAN SINGH versus STATE OF U.P. & ANOTHER

High Court of Judicature at Allahabad

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Bhagwan Singh v. State Of U.P. & Another - APPLICATION U/s 482 No. 5083 of 2007 [2007] RD-AH 4752 (19 March 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

(Court No. 48)

Criminal Misc. Application  No. 5083   of 2007

***

Bhagwan  singh son of Sri Karan Singh,

R/o  near Jama Msjid,Saidan Gali,

Hasanpur, P.S. Saidan Gali,

Hasanpur,  District J.P. Nagar.. ......  Accused- Applicant.

Vs.

1.State of U.P.

2.Rajnish Kumar Rastogi, son of Madan Gopal Rastogi,

Kisan Sahkari Samiti Ltd.  Vikas Khand

Hasanpur, District J.P. Nagar..........Complainant -Opp.Party.

****

Hon'ble Barkat Ali Zaidi, J

1.A first information report was lodged on 29.3.2006  at Police Statin Saidangali District J.P. Nagar by Opp. Party No.2-complainant against the  applicant who was working as Assistant Accountant at  Bhadaura Kisan Sawa Samiti Ltd, Bhadaura District J.P. Nagar under the supervision of Opp.Party No. 2.

2.The allegation was that the applicant had misappropriated an amount of Rs. 175,952/-.  The police investigated the case and after the result of the investigation submitted a charge-sheet against him on 4.10.2006 (Case Crime No. 211 of 2006) under Sections 409,467,468,471 and 506 I.P.C. at present  pending in the Court of A.C.J.M.-IInd Bareilly.

3. That is what brings the applicant to this Court under Section 482 Cr.P.C.

4.Heard Sri B.K. Srivastava, Advocate for the applicant and Sri R.K. Maurya Addl. Government Advocate for the State.

5.The contention of the applicant is that the investigation was completed on 17.6.2006, as can be seen  from Annexure -6 , the last Parcha of the investigation,  but the investigating officer inspite of submitting  a charge-sheet, on 29..7.2006 recorded the Statement of one   Jawahar  and on  31.7.2006,  recorded the statement of Bank Manager, Sachin  and thereafter sent  the disputed and  accepted Hand singature of the applicant ,  hand writings for examination to the Joint Director  Scientific  Laboratory, Agra  on 26.8.2006  the report  on which still awaited. Yet the investigating officer without  writing the  it's result has  submitted the charge-sheet against the applicant.

6.The grouse  of the applicant, is that the investigating officer submitted charge-sheet  before arriving on a conclusion that prima-facie  commission of offences with which he is charged is made out against the applicant?

7.I am inclined to disagree with the contention of the learned counsel . The charge-sheet mentions that from the evidence collected by the investigating officer, prima-facie commission of offences under Sections 467,468,409 and 506 I.P.C. is made out. He was, therefore, well within this right in filing the charge-sheet.

8.Now, it is to the trial Magistrate  at the time he frames of framing of the charge to examine and scrutinize the documents whether a charge under the aforenoted offences or under which offence should be framed against the applicant.

5. Application under Section 482 Cr.P.C. has no merit and is accordingly dismissed.

Dt:  19.3.2007

5083/07


Copyright

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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