VIJAY DARSHAN SHARMA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard counsel for the petitioner and Standing Counsel for the State-respondents.

(2.) The present petition has been filed seeking quashing of the charge-sheet dated 28.12.2019 (Annexure-5 to the writ petition). In the said charge-sheet, it was alleged against the petitioner that while the petitioner was appointed in Police Station Phase III Noida, Gautam Budh Nagar on 3.2.2018, failed in performing his duties in a proper and reasonable manner, which resulted into one Jitendra sustaining bullet injuries and in this regard, the brother of the said Jitendra, Sri Dharmendra Yadav lodged an F.I.R. in the Police Station Phase III, Gautam Budh Nagar, which was registered as Case Crime No. 249 of 2018, under Section 394 , 307 I.P.C. It was further alleged that on a preliminary enquiry, it was found that the petitioner has not discharged his duties with utmost care and alacrity. In the said charge-sheet, three witnesses were disclosed and the petitioner were called upon to file his defence reply, so that the proceedings for disciplinary enquiry be proceeded with.

(3.) Counsel for the petitioner has argued that with regard to the offence, which was registered as Case Crime No. 249 of 2018, under Sections 394 , 307 I.P.C., the criminal trial has concluded and a judgment was given on 5.8.2019, wherein the Court came to the conclusion that the prosecution could not establish the case against the petitioner beyond all reasonable doubts and thus the petitioner was entitled to the benefit of doubt and the prosecution was dismissed. In the said judgment, directions were also issued for initiating the proceedings against Dharmendra Yadav, the informant, under Section 344 I.P.C.