Court No. - 10
Case :- APPLICATION U/S 482 No. - 13849 of 2018
Applicant :- Deshraj
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Navin Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicants and learned A.G.A.
This application under Section 482 Cr.P.C. has been filed for setting aside the entire proceedings of Case No.325 of 2018, arisen from the cognizance order dated 19.03.2018 passed by the ACJM-I, Jhansi on the charge sheet dated 26.02.2018 submitted by the Investigating Officer in Case Crime No. 0323 of 2017, under Section 3/7 Essential Commodities Act, P.S. Gursarai, District Jhansi.
The charge sheet dated 26.02.2018 is impugned in the instant application. The Investigating Officer after investigation and collecting credible evidence has filed charge sheet. Disputed questions of fact cannot be gone into under Section 482 Cr.P.C.
The application is, accordingly, dismissed.
Dismissal of the application shall not preclude the applicant from filing an appropriate application which shall be decided in terms of the decisions rendered in Amrawati and another Vs. State of U.P., 2004 (57) ALR 290, Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC) and Brahm Singh & others vs. State of U.P. & others, 2016 (7) ADJ 151, strictly in accordance with law.
Order Date :- 27.4.2018 Mukesh Kr.