Court No. - 45
Case :- APPLICATION U/S 482 No. - 34170 of 2018 Applicant :- Smt. Chandrawati Devi And 2 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Anil Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard counsel for the applicant Sri Anil Kumar Mishra and learned A.G.A. for State and Sri Avadhesh Kumar Sharma learned counsel appearing on behalf of the opposite party no. 2.
It has been submitted that there is a chequered history of enmity between the applicants and the opposite party no. 2 ranging from election dispute to the abduction of son of the applicant.
It has further been submitted that the investigating officer has not recorded the statement of any of the beneficiaries alleged in the first information report. He has not collected any evidence regarding the alleged financial misappropriations committed by the applicant. No beneficiary of the village has been examined. Only on the basis of the statement of the government employees, the charge sheet has been submitted by the investigation officer which is not in accordance with law. He was required to go into the entire allegations and counter allegations between the parties and then after collecting the evidence ought to have submitted charge sheet.
The court below is directed to get supplementary report from the investigating officer regarding the entire allegations in the first information report. Investigation Officer shall also record the statement of the accuseds before submitting the report. Till the supplementary report is submitted by the investigating officer no coercive action shall be taken against the applicants.
The application is disposed of.
Order Date :- 29.10.2018 Rohit