Court No. - 68
Case :- APPLICATION U/S 482 No. - 8832 of 2016 Applicant :- Suresh Kumar Singh Opposite Party :- State Of U.P. And Anr.
Counsel for Applicant :- Sanjay Kumar Singh,Brijesh Sahai Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the parties and perused the record.
This application under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Code') has been filed on behalf of the applicant with a prayer to quash the impugned order dated 05.03.2016 passed by Additional Chief Judicial Magistrate, Court No. 5, Varanasi, in Case No. 618 of 2015 (State v. Dashrath Kumar Dixit and others), under Sections 34/147, 323, 504, 506 of the Indian Penal Code, 1860, Police Station - Bada Gaon, District - Varanasi. By the impugned order dated 05.03.2016, application of the applicant to repeal his name from the charge-sheet/proceedings of the case, was rejected.
Learned counsel for the applicant contended that after investigation, the police submitted charge-sheet against the applicant and other co-accused. On the application of the applicant under Section 173(8) of the Code, the Superintendent of Police, Varanasi had directed for further investigation of the case. After further investigation, the police submitted final report against the applicant. The final report was neither rejected nor accepted by the learned Magistrate. Accordingly, there is no evidence against the applicant.
Per contra, learned A.G.A. has opposed the prayer made and contention thereof raised by learned counsel for the applicant and contended that there is no infirmity in the impugned order passed by the court below.
It is admitted fact that on the basis of charge-sheet submitted by the police, cognizance has been taken by the Magistrate. The Magistrate/trial court cannot review its own order of cognizance.
Remedy is available to the applicant to get himself discharged under Section 239 of the Code.
In view of above, the prayer to quash the impugned order dated 05.03.2016 is hereby refused and accordingly, the instant application, being not maintainable, stands rejected.
However, it is directed that if the applicant surrenders before the court below and applies for bail, the same shall be considered and decided strictly in accordance with law.
For a period of 30 days from today or till the applicant surrenders and applies for bail, whichever is earlier, no coercive measures shall be adopted against him.
Order Date :- 30.4.2019 I. Batabyal