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Anoop Singh v. State Of U.P. & Others - APPLICATION U/s 482 No. 656 of 2006  RD-AH 1355 (19 January 2006)
Hon'ble Ravindra Singh, J.
Heard learned counsel for the applicant and learned A.G.A.
This application is filed by the applicant with a prayer that charge sheet of the case crime no. 277 of 2004, under Sections 120-B I.P.C., P.S. Rohniya, district Varanasi may be quashed.
It is contended that the applicant that prior to filling of the charge sheet against the applicant a charge sheet was submitted by the I.O. against the other co-accused persons in which it was clearly mentioned that no evidence could be collected against the applicant, but subsequently the charge sheet has been submitted against the applicant. It is further contended that during investigation the evidence collected by the I.O. was not sufficient to proceed further against the applicant and on the basis of the evidence collected by the I.O. no offence under Section 120-B I.PC. is made out.
It is opposed by the learned A.G.A. that at this stage appreciation of the evidence cannot be done.
Considering the facts and circumstances of the case and submissions made by the learned counsel for the applicants it is directed that the applicant shall file objection through his counsel before the court concerned within 20 days from today and the same shall be disposed within three weeks thereafter. Till the disposal of the objection the N.B.W. issued against the applicant shall be kept in abeyance. With the above direction the application is finally disposed of.
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