Sanjeev Singh Chauhan And 3 Ors. vs State Of U.P. And Another
2014 Latest Caselaw 7654 ALL

Citation : 2014 Latest Caselaw 7654 ALL
Judgement Date : 17 October, 2014

Allahabad High Court

Sanjeev Singh Chauhan And 3 Ors. vs State Of U.P. And Another on 17 October, 2014

Bench: Akhtar Husain Khan




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 22
 

 
Case :- APPLICATION U/S 482 No. - 41858 of 2014
 

 
Applicant :- Sanjeev Singh Chauhan And 3 Ors.
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Aradhan Singh Chauhan
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Akhtar Husain Khan,J.

Heard learned counsel for the applicants as well as learned A.G.A. for State of U.P. and perused record.

Learned counsel for applicants contended that Investigating Officer has concluded investigation with observation that evidence is lacking against accused. However, it will be proper that case should be submitted to court. Therefore, Investigating Officer has submitted charge sheet against accused wereupon Magistrate has taken cognizance mechnically without application of mind.

Learned A.G.A. opposed application.

I have considered submissions made by the parties.

It is admitted that Magistrate has not framed charge against accused applicants. Therefore, the Magistrate is competent to consider under section 239 Cr.P.C. as to whether there is sufficient evidence against accused to proceed further. Therefore, I am of the view that at this stage there is no sufficient ground for interference under section 482 Cr.P.C. by this Court.

In view of above, this applicaiton is disposed off with following directions:

1. The applicants are liberty to move discharge application before Magistrate concerned, who shall pass appropriate order on the said discharge application under section 239 Cr.P.C. in accordance with law on the basis of evidence collected by Investigating Officer.

2. Till disposal of application moved by applicants for discharge, applicants shall not be arrested and shall not be taken into custody provided the applicants appear before trial court within 30 days from today and remain present on the dates fixed by trial court.

This application u/s 482 Cr.P.C. is finally disposed off.

Order Date :- 17.10.2014/RU