Court No. - 72
Case :- APPLICATION U/S 482 No. - 3290 of 2019 Applicant :- Tuntun Vanvasi And 02 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Raj Kishore Dubey,Pavan Kumar Maurya Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
This 482 application is directed against the chargesheet dated 11.12.2016 filed in criminal case no. 391 of 2017 arising out of case crime no. 423 of 2016, under Section 394, 411 IPC, P.S. Chubepur, District Varanasi, pending in the court of Judicial Magistrate, Court No. 3, Varanasi pending in the court of Judicial Magistrate, Court No. 3, Varanasi.
It is contended that the applicants are already enlarged on bail and the ground for assailing the chargesheet is that the applicants were not named in the first information report and are Innocent persons belonging to mushar caste out of same family.
It is not the stage to appreciate the evidence. Police has conducted through investigation in finally submitting the chargesheet. Nothing has been argued as to whether investigation was faulty nor, any such material has been placed that may convince this Court to atleast form prima facie opinion that chargesheet is vitiated in law.
I do not find it to be a fit case to interfere with at this stage. It is always open for the applicants to apply for discharge, if so advised.
Consigned to record.
Order Date :- 25.1.2019 Sanjeev