IKTEDA HUSSAIN Vs. STATE OF U P

JUDGEMENT

(1.) Y. R. Tripathi, J. Heard learned Counsel for the petitioner and Sri Basant Lal, learned counsel for the opposite party No. 2 and the AGA.

(2.) THIS petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the 'code') has been filed for quashing the charge-sheet filed in case crime No. 403 of 1999, under Sections 323, 504 & 506 I. P. C. , relating to the police station Chock, District Lucknow and pending in the Court of I ACJM, Lucknow.

(3.) IT is not disputed that the police after due investigation has filed charge-sheet on the basis of evidence collected by it. The learned counsel for the petitioner states that the opposite party No. 2 is involved in number of litigations and she with her certain colleagues often prevents the petitioner from attending the Court proceedings of the case. This may be a ground for transfer of the case from district Lucknow to another place, but certainly is not a ground for quashing of the charge-sheet which has been submitted on the basis of evidence collected during the course of investigation. The truthfulness of the prosecution version is a matter, which can be examined only during the course of trial and at this stage, it cannot be held to be baseless and absurd.