Court No. - 45
Case :- APPLICATION U/S 482 No. - 46725 of 2018 Applicant :- Dwarika Prasad Sharma And 40 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Amit Daga,Rohit Shukla Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and Sri Devendra Kumar Mishra, learned counsel for the opposite party No.2.
The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Case No. 7555/IX/2018 (State Vs. Vinod Kumar Sharma and others), arising out of Case Crime No. 30 of 2018, under Sections- 420, 406, 504, 506, 120-B I.P.C., Police Station- Kotwali, District- Mathura, pending in the court of A.C.J.M., Court No.3. Mathura.
Submission is that the Investigating Officer has not recorded the statement even of one person, who is alleged to have been cheated by the applicants and only after recording the statement of informant, charge-sheet has been submitted.
Learned counsel for the applicant has submitted that not a single witness, who may be directly effected with the offence committed by the applicants, was examined by the Investigating Officer. The charge-sheet is based on the solitary statement of the informant.
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 effected persons and thereafter submit his report after collecting the evidence in this case. Till the supplementary report is submitted by the Investigating Officer, no coercive action shall be taken against the applicants.
Order Date :- 21.12.2018 Ruchi Agrahari