Court No. - 45
Case :- APPLICATION U/S 482 No. - 46594 of 2018 Applicant :- Deepak Sharma And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Amit Saxena Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 24.8.2017 as well as the entire proceedings of Case No. 1278 of 2018, arising out of Case Crime No. 1271 of 2016, under Sections- 420, 406, 467, 468, 471, I.P.C., Police Station- Sahibabad, District- Ghaziabad, pending in the court of C.J.M., Ghaziabad.
Submission is that the applicants have earlier registered a complaint against Raj Sharma, opposite party No.2, under whom they were working and salary was not paid by opposite party No.2 to the applicants and other employees. It has been submitted that when compliant was made to the Deputy Commissioner of Police, repeatedly by the applicants, the impugned FIR was lodged against them, so they may not able to make demands of their salary. It has further been submitted that Investigating Officer has not recorded the versions of the applicants nor any other employees and has submitted the charge-sheet justifying the allegations made in the FIR against them and cognizance order has been passed without application of mind.
This application is also disposed off with the direction to the court below to get a supplementary report from the Investigating Offer after investigating the case fairly and after recording the statements of applicants and other employees of the opposite party No.2. Till the supplementary report is submitted by the Investigating Officer, no coercive action shall be taken against the applicants.
Order Date :- 20.12.2018 Ruchi Agrahari