RAHIMUNNISHA Vs. STATE OF U. P.

JUDGEMENT

(1.) This petition has been filed with the following main prayer:-

(2.) It has been submitted by learned counsel for the petitioners Sri Salil Kumar Srivastava Assisted by Sri S. S. Chubey that the petitioners have been falsely implicated and the offence has not been made out in the evidence that has been collected by the Investigating Officer regarding the Ss. under which charge sheet has been submitted to the VIIth Additional Civil Judge(Junior Division) Judicial Magistrate, Behraich in Criminal Case No. 23 of 2015, when the case was initially inquired into by the Investigating Officer, he submitted a final report in the Court but before the Court could pass any order thereon, the Superintendent of Police directed further investigation in the matter without jurisdiction and entrusted the inquiry/investigation to another police officer who took the statement of only the Branch Manager of the Bank concerned and filed a charge sheet in Court of which cognizance was taken by the learned trial court without application of mind.

(3.) The petitioners approached this Court initially by filing a petition challenging the FIR regarding to Case Crime No. 666 of 2013 under Ss. 419, 420, 467, 468, 470, 471, 409, 323, 504, 506 I.P.C. Police Station Huzoorpur Distric Bahraich. This Court passed an order staying the arrest of the petitioners in Writ Petitioner No. 10783(MB) of 2013, till the report is submitted under Sec. 173 to the Court concerned.