Court No. - 49
Case :- APPLICATION U/S 482 No. - 46394 of 2018 Applicant :- Manoj Gupta Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Yogendra Misra Counsel for Opposite Party :- G.A.
Hon'ble Vivek Chaudhary,J.
Heard learned counsel for petitioner, learned A.G.A. and perused record.
Present petition has been filed by the petitioners for quashing the chargesheet dated 29.5.2010 and summoning order dated 18.8.2010 in Crl. Case No.2895 of 2010 (State Vs. Manoj gupta), Case Crime No.1142 of 2009 under Section 420, 272, 273 IPC and Section 7/16 of Prevention of Food Adulteration Act, 1954 PS Kotwali Nagar, distt. Eta in the Court of CJM, Etah.
Allegation against the petitioner is with regard to preparing and selling artificial milk. submission of learned counsel for petitioner is that there is no evidence against the petitioner on the basis of which, he could be chargesheeted and further that evidence is not reliable which is collected by the Investigating Agency.
So far as the first submission of learned counsel for petitioner is concerned, there is sufficient evidence referred to in the chargesheet and hence the said submission is rejected. So far as the second submission is concerned, the same involves disputed question of facts. The veracity of evidence would be looked into by the court below at trial stage. there is no submission raised at this stage by which this court could exercise its power under Section 482 CrPC quashing the chargesheet. In view thereof, no case for interference is made out.
The petition is dismissed.
Order Date :- 19.12.2018 RajneeshDR) (Vivek Chaudhary, J.)