NITESH KUMAR VERMA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Sushil Kumar Singh, learned counsel for the applicant, Sri Anirudh Kumar Singh, learned AGA-I and Ms. Priyanka Singh, learned counsel for the opposite party no. 2.

(2.) By means of this petition the applicant has prayed for quashing of the Charge-sheet dated 10.3.2018 and the entire criminal proceedings in pursuance of charge-sheet pending in the court of IVth A.C.J.M., Court no. 22, Sultanpur arising out of Case Crime No. 163 of 2017 u/s 323, 504, 506, 354, 427, 376 IPC, P.S. Goshaiganj, District Sultanpur pending in Crl. Misc. Case No. 408 of 2018 (State vs. Pankaj and Others).

(3.) The precise question for consideration is whether the investigation carried out by the incompetent authority and charge-sheet filed by the same authority would make the investigation and charge-sheet as nullity in the eyes of law. Further as to whether the order of cognizance of the Magistrate taking cognizance of the same charge-sheet would also be nullity.