Court No. - 10
Case :- APPLICATION U/S 482 No. - 13552 of 2018
Applicant :- Suraj Chaubey
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anjani Kumar Raghuvanshi 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 quashing the entire criminal proceeding including impugned charge sheet dated 25.03.2018 bearing Charge Sheet No. A-60 of 2018 in Criminal Case No. 2531 of 2018 (State of U.P. vs. Ganga Prasad Chaubey & others) arising out of Case Crime No. 511 of 2017, under Sections 147, 148, 302, 34, 323, 504, 506 IPC, P.S. Jansa, District Varanasi pending in the court of CJM, Varanasi.
The charge sheet dated 25.03.2018 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.
Learned counsel for the applicant failed to point out any illegality, infirmity or perversity in the impugned charge sheet.
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.