Court No. - 45
Case :- APPLICATION U/S 482 No. - 34937 of 2018 Applicant :- Mahavir @ Swami Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Rajesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
The present 482, Cr.P.C. application has been filed by the applicant to quash the entire proceedings of Case No.4328/2016, arising out of Case Crime No.112 of 2017, under Sections 420, 506, IPC, P.S. Fatehganj Est, District Bareilly, pending in the court of Judicial Magistrate, Faridpur, District Bareilly.
Personal affidavit of Atul Kumar Srivastava, who is presently posted as Superintendent of Police, Aligarh, has been submitted stating in paragraph No.3 that the then S.P., City, Aligarh, Shri Krishna has retired from service on 31.7.2015 and the personal address of Shri Krishna is not known. The affidavit is taken on record.
It has been stated in paragraph No.10 of the affidavit, filed in support of this application, that the father's name of the applicant is Ramji Lal whereas in the charge sheet submitted against the applicant his father's name has been shown as Gulab Chand.
This application is disposed of directing the court below to get a supplementary report from the Investigating Officer regarding the anomaly in the father's name of the applicant exercising powers under Section 173(8), Cr.P.C.
No coercive action shall be taken against the applicant till the inquiry regarding the correct identity of the father of the applicant is established by the Investigating Officer in his report before the court.
Order Date :- 30.10.2018 T. Sinha