JUGAL KISHORE PANDEY Vs. STATE OF U.P.

JUDGEMENT

(1.) We have heard Sri Rohan Gupta, learned counsel for the petitioner and learned Standing Counsel for respondent nos.1 and 2 and have perused the material brought on record.

(2.) The petitioner has filed the present petition for the following reliefs :-

(3.) The facts of the case as disclosed in the writ petition are that the First Information Report in Case Crime No.223 of 2017 under Sections 147/149/353/332/504/506 and 323 of the Indian Penal Code (IPC) was registered at Police Station Shahabad, District Rampur, against the petitioner on 15.4.2017 in which a charge sheet dated 30.5.2017 was filed against the petitioner but after further investigation under the orders of the Superintendent of Police, Rampur, a final report dated 10.1.2018 was submitted. However, at the instance of informant/respondent no.3, further investigation was directed and thereafter, a charge sheet dated 8.1.2019 was filed against the petitioner. The petitioner challenged the said charge sheet by way of filing Criminal Misc. Application No.10944 of 2019 (Smt. Akhtari and 5 others v. State of U.P. And Another) under Section 482 Cr.P.C., in which this Court by interim order dated 8.8.2019, provided inter alia, that no coercive measures shall be taken against the petitioner. It is stated that in pursuance of the interim order dated 8.8.2019, the process issued against the petitioner in Case No.18 of 2019 (State v. Rafeeq and others) arising out of Case Crime No.223/2017, were recalled by the Additional Chief Judicial Magistrate-II, Rampur by order dated 19.8.2019.