VIRAT PACHAURI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Sri Nipun Singh along with Sri Rishi Upadhya, Ajay Gautam and Abhijeet Mishra, learned counsel for the applicants, Sri Vibhu Rai, learned counsel for the opposite party no.2 and learned AGA for the State.

(2.) Present application under Sec. 482 Cr.P.C. has been filed for quashing the charge sheet dtd. 7/7/2022 as well as summoning order dtd. 12/7/2022 giving rise to Case No. 25474 of 2022 arising out of Case Crime No.0544 of 2021, under Ss. 406, 420, 467, 468, 471, 379, 505 IPC, Police Station- Bannadevi, District Aligarh.

(3.) The contention of counsel for the applicants is that it is an undisputed fact that Munna Lal has been residing in the factory in question as a security guard. It was also submitted that the sole basis for submitting the charge sheet is the FSL report regarding the signature of Surendra Kumar (father of opposite party no.2) as the same was sent to FSL without permission of the court concerned but the same was obtained only with the permission of civil court where the suit for injunction filed by the applicant no.1 was pending, therefore, the said FSL report is inadmissible and cannot be relied upon in view of Sec. 311 A Cr.P.C. as well as Sec. 73 of the Indian Evidence Act.