Court No. - 45
Case :- APPLICATION U/S 482 No. - 36375 of 2018 Applicant :- Anshu Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Bishram Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and the learned AGA for the State.
The contention of the learned counsel for the applicant is that he has been implicated in the alleged crime on the basis of the statement of the co-accused Ajay Dubey, at the time he was not in the country. He has brought on record the marine ticket from India to Tehran. It has been submitted that the Investigating Officer was provided with this document but he has not considered it nor made it part of his case diary and has submitted the charge-sheet against the applicant. It has been submitted that the investigation of this case is absolutely illegal and the charge-sheet against the applicant has not been submitted after proper investigation of the case.
In that view of the matter, the court below is directed to get a supplementary investigation report from the Investigating Officer regarding the presence of the accused-applicant, Anshu Singh in the country and after considering the marine ticket and any other evidence, which may be provided by the applicant to the Investigating Officer, within a period of three months from the date of production of a certified copy of this order.
Till such report is submitted, no coercive action shall be taken against the applicant.
Application stands disposed of.
Order Date :- 27.11.2018 SS