Rakesh Sahu And Another vs State Of U.P. And Another
2019 Latest Caselaw 5680 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 65
 

 
Case :- APPLICATION U/S 482 No. - 25077 of 2019
 

 
Applicant :- Rakesh Sahu And Another
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Prakhar Tandon
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri Prakhar Tandon, learned counsel for the applicants, Sri A.D. Misra, learned A.G.A. appearing for the State and perused the record.

This application under Section 482 Cr.P.C has been moved with a prayer to quash the impugned order dated 5.2.2019 passed by Chief Metropolitan Magistrate, Kanpur Nagar in case No. 174 of 2012, arising out of Case Crime No.369 of 2011, under Sections 420, 467, 468, 323, 504, 506 IPC. P.S. Kakadeo, District Kanpur Nagar and impugned order dated 26.2.2019, passed by Sessions Judge, Kanpur Nagar in Criminal Revision No.471 of 2019 (Rakesh Sahu & others Vs. State), under Sections 420, 467, 468, 323, 504, 506 IPC, P.S. Kakadeo, District Kanpur Nagar.

It is argued by learned counsel for the applicants that Trial Court has passed the impugned order dated 5.2.2019 beyond the record because there was no order on record dated 11.5.2018 and yet the impugned order has been passed. Hence, the charge sheet needs to be quashed.

During argument several queries were made from learned counsel for the applicants and it is brought to the notice of the Court that charge sheet in this case had been submitted on 15.12.2011 whereon the cognizance has already been taken on 6.1.2012. Thereafter, it is apprised that on an application of accused-applicant, the S.S.P. of the concerned District has passed an order on 23.4.2016 directing the S.H.O. Kakadeo to further investigate the matter, which was not complied with and in that regard an application was moved before Trial Court which has been dismissed.

I fail to understand as to how when the charge-sheet had already been submitted on 15.12.2011, the role of Court remains to be there to deal with any application with respect to the S.S.P. directing further investigation. After submission of charge-sheet, police have power under Section 173(8) for further investigation on its own and whatever evidence the police gathers, the same may be provided to the Court which may be considered by the Trial Court during trial.

I do not see any reason to set aside the impugned order and accordingly, this application is dismissed.

However, it is deemed proper to direct that the Trial Court shall make all possible efforts to decide this case within one year in accordance with law, if there is no legal impediment.

Order Date :- 8.7.2019

Neeraj