(1.) Heard Sri Anupam Mehrotra, learned counsel for the applicant and Sri Anurag Verma, learned AGA-I for the State as well as Sri H.G.S. Parihar, learned Senior Advocate, assisted by Sri Akash Prasad and Sri Amitav Singh, learned counsel for opposite party no.6/ complainant.
(2.) This petition/application under Sec. 482 Cr.P.C. has been filed challenging the orders of cognizance and commitment of the case to the Court of Session dtd. 10/1/2020 (Annexures No.1 and 2); police report/ charge sheet no.01/2020 dtd. 25/12/2019 (Annexure No.3) and further proceedings thereto. As an interim prayer, further proceedings of Sessions Trial No.11 of 2020, order of cognizance as well as commitment order dtd. 10/1/2020 and the trial of the present case have been prayed to be stayed during pendency of the present petition.
(3.) Sri Anupam Mehrotra has assailed the aforesaid orders saying that the impugned police report/charge sheet no.01 of 2020 dtd. 25/12/2019 (Annexure No.3) was filed on the basis of incomplete investigation in Case Crime No.366 of 2019 lodged at Police Station Harchandpur, Raebareli (under Ss. 147, 148, 149, 323, 302, 201, 120-B and 216 IPC), wherein the applicant and fifteen more accused persons have been implicated, therefore, such police report may not be termed as police report strictly in terms of Sec. 173 Cr.P.C. He has also assailed the order dtd. 10/1/2020 whereby the learned Chief Judicial Magistrate, Raebareli has taken cognizance of the charge sheet committing the case for trial to the Court of Sessions Judge without ascertaining and verifying the fact as to whether the police report/ charge sheet has been properly filed or not. As per Sri Mehrotra, since the police report/charge sheet has been filed on the basis of incomplete investigation and such fact is clear from the charge sheet itself, therefore, learned Chief Judicial Magistrate instead of taking cognizance of said charge sheet and committing the case for trial, he should have ordered either for further investigation or should wait till investigation completes and all relevant material is placed before the court.
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