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Bhaskar Pandey v. State Of U.P. And Others - APPLICATION U/s 482 No. 8254 of 2005 [2005] RD-AH 1791 (29 July 2005)


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Heard learned counsel for the petitioner and  Learned A.G.A.

The petitioner has challenged the order dated 11.5.2004 passed by the court below and has prayed to quash it.

A perusal of the impugned order (Annexure No. 3) shows that the petitioner is an accused in a criminal case and the charge sheet has been submitted by the police before the court. The court took cognizance in that case and summoned the petitioner. He in spite of putting appearance before the court in pursuance to the summoning order, preferred a petition before it making a prayer to expunge the proceeding in the case. That petition was objected from the side of the prosecution and after hearing the parties, the impugned order has been passed. The prayer of the petitioner for expunging the criminal case was dismissed. Against this order, the petitioner preferred a criminal revision before the Sessions Judge, which was also dismissed vide order dated 10.6.2005. This order is also a subject matter of this petition.

In fact, a perusal of the impugned orders show that both the courts below  found that the Magistrate  has to consider the materials which have been collected during the investigation and on that basis only the cognizance has been taken. Therefore, the proceeding in the case on that score could not be challenged. The Magistrate in his detailed order has referred to several aspects of the matter and evidence collected during the investigation and thus held that there was no illegality otherwise also in taking the  cognizance in the case by the the court.

The appropriate remedy available to the petitioner is under Section 226 of Cr.P.C. when he shall move the court and pray for his discharge for want of sufficient evidence.  The proceeding as such, pending before the court below cannot be interfered with and quashed as prayed in this petition.

The petition having no force is hereby dismissed.

It is however, provided that if the petitioner appears and surrenders before the court in pursuance to the summoning order issued by the court below and applies for bail, the same shall be considered and disposed of expeditiously, if possible, on the same day.


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