Court No. - 65
Case :- APPLICATION U/S 482 No. - 16839 of 2019 Applicant :- Raman Kumar Singh Opposite Party :- State Of Up And Another Counsel for Applicant :- Hari Bhawan Pandey Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application u/s 482 Cr.P.C. has been filed seeking the quashing of the charge sheet as well as the entire proceedings of Case No. 3340 of 2018, arising out of Case Crime No. 1929 of 2013, u/ss 420, 465, 468 and 469 IPC, P.S. Indirapuram, District Ghaziabad pending in the Court of Addl. Civil Judge (S.D.), Court No.2, Ghaziabad.
Heard applicant's counsel and learned AGA. Entire record has been perused.
Learned counsel for the applicant at the very outset has not pressed the prayer seeking the quashing of the charge sheet and the entire proceedings. The only submission raised by the learned counsel for the applicant is that the applicant wants to argue the matter on the point of framing of charge/discharge before the lower court and in that regard some direction may be given to the lower court.
In view of the submissions made by the applicant's counsel, the prayer for quashing of the charge sheet and the entire proceedings stands dismissed.
So far as the prayer for discharge/framing of charge is concerned, in this regard it may be observed that under the statutory scheme of law there is a stage where the Court decides upon the appropriateness of framing the charge against the accused after hearing him or pass order of discharge. If under appropriate section at appropriate stage the applicant moves before the court below seeking his discharge it is expected that the court shall adjudicate upon the same in accordance with law. For this purpose no additional judicial order is required.
With the aforesaid observations, the application is disposed off.
Order Date :- 29.4.2019 CPP/-