SAURABH SHUKLA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Manoj Kumar Misra, learned counsel for applicants, Shri Aniruddh Kumar Singh, learned A.G.A. and learned counsel for the opposite party No.2.

(2.) This application under Section 482 Cr.P.C has been filed for quashing the impugned Charge-sheet No.01 of 2016 dated 15.08.2016 filed in Case Crime No.460 of 2016, under Sections 498A, 323, 504, 506, 354A I.P.C. Police Station Madiaon, District Lucknow, summoning order dated 13.10.2017 and quash the entire proceedings of Case No.50307 of 2017 pending before the learned Additional Chief Judicial Magistrate, Lucknow.

(3.) Learned counsel for the applicants submitted that the Investigating Officer has violated the provision of Chapter-XI of U.P. Police Regulation as well as Chapter-XII of the Code of Criminal Procedure 1973 and submitted the charge-sheet. He further submitted that the provision of Para-107 of U.P. Police Regulation, states that it is obligatory on the part of the Investigating Officer to give an opportunity to the accused persons of producing defence before him. As in the present case, the Investigating Officer failed to investigate the material and fact given by the accused/appellants.