QASIM SHAMSI Vs. STATE OF U.P.

JUDGEMENT

(1.) The present application u/s 482 Cr.P.C. has been filed for quashing the entire proceedings and impugned charge sheet No.635 of 2018 dated 27.11.2018 of Case No. 6648/19/9 bearing CNR No. UPMO 04022207/2019 (State Vs. Qasim Shamsi and others) arising out of Case Crime No. 726 of 2018 under Sections 420, 406, 504, 506 of IPC, Police Station Majhola, District Moradabad pending in the court of Chief Judicial Magistrate, Moradabad.

(2.) Heard learned counsel for the applicants, learned AGA for the State and perused the record.

(3.) It has been submitted by learned counsel for the applicants that in the FIR, no specific role has been assigned to applicants and that impugned charge sheet was filed without there being any reliable evidence against applicants whereas one of the accused namely Anita Bilani, who was named in FIR, was exonerated. Even according to prosecution version, the allegations were made against applicant no. 1, who has since passed away, and that applicant nos. 2 and 3 are wife and son of deceased applicant no. 1 and they were implicated merely on that ground. During investigation, applicants were granted interim protection against arrest till the submission of charge sheet. Applicants have nothing to do with the affairs of the school in which students were admitted and that Investigating Officer has not conducted fair and proper investigation. It was submitted that no prima facie case for offences under Sections 420, 406, 504 and 506 of IPC is made out.