REGENT COMPUTRONICS PVT. LTD.

NAWAL KISHORE Appellant

V/S

STATE OF U.P. Respondents

Referred Judgements :-

SCRUTTON L.J. IN R. V. KENSINGTON INCOME TAX COMMISSIONER [REFERRED TO]
STATE OF HARYANA VS. BHAJAN LAL [REFERRED TO]
M/S. EICHER TRACTOR LIMITED AND OTHERS VS. HARIHAR SINGH AND ANOTHER [REFERRED TO]
R P KAPUR VS. STATE OF PUNJAB [REFERRED TO]
HARI NARAIN VS. BADRI DAS [REFERRED TO]
WELCOM HOTEL VS. STATE OF ANDHRA PRADESH [REFERRED TO]
G NARAYANASWAMY REDDY VS. GOVERNMENT OF KARNATAKA [REFERRED TO]
RAMJAS FOUNDATION VS. UNION OF INDIA [REFERRED TO]
S P CHENGALVARAYA NAIDU VS. JAGANNATH [REFERRED TO]
JOGINDER KUMAR VS. STATE OF UTTAR PRADESH [REFERRED TO]
HAMIDA VS. RASHID ALIAS RASHEED [REFERRED TO]
PRESTIGE LIGHTS LTD VS. STATE BANK OF INDIA [REFERRED TO]
SAVITRI GOENKA VS. KUSUM LATA DAMANT [REFERRED TO]
SAKIRI VASU VS. STATE OF U P [REFERRED TO]
S K SINHA VS. VIDEOCON INTERNATIONAL LTD [REFERRED TO]
K D SHARMA VS. STEEL AUTHORITY OF INDIA LTD [REFERRED TO]
NIRMAL SINGH KAHLON VS. STATE OF PUNJAB [REFERRED TO]
G JAYASHREE VS. BHAGWANDAS S PATEL [REFERRED TO]
LAL KAMLENDRA PRATAP SINGH VS. STATE OF U P [REFERRED TO]
DALIP SINGH VS. STATE OF U P [REFERRED TO]
RAMJAS FOUNDATION VS. UNION OF INDIA [REFERRED TO]
SIDDHARAM SATLINGAPPA MHETRE VS. STATE OF MAHARASHTRA [REFERRED TO]
HARSHENDRA KUMAR D VS. REBATILATA KOLEY [REFERRED TO]
STATE OF RAJSTHAN VS. RAVI SHANKAR SRIVASTAVA [REFERRED TO]
BHUSHAN KUMAR VS. STATE NCT OF DELHI [REFERRED TO]
AMARAWATI VS. STATE OF U P [REFERRED TO]
BHASKAR LAXMAN JADHAV VS. KARAMVEER KAKASAHEB WAGH EDUCATION SOCIETY [REFERRED TO]
VINAY TYAGI VS. IRSHAD ALI @ DEEPAK [REFERRED TO]

JUDGEMENT

(1.) HEARD learned counsel for the petitioner, learned AGA for the State, learned special counsel for the State and perused the record.

(2.) PETITION No. 3570/2013 under Section 482 CrPC has been filed with the prayer to set aside the order dated 11.07.2013 by which the cognizance has been taken against the petitioner and has been summoned to face the trial. Further prayer has been made to quash the charge -sheet dated 10.07.2013 in Case Crime No.11 of 2013. Second petition No.669/2014 under Section 482 CrPC has been filed with the prayer to quash the impugned cognizance order dated 27.01.2014, passed in Criminal Case No.16/2013 State vs. Nawal Kishore and also to quash the impugned supplementary charge -sheet No.4 -B/2014 dated 22.01.2014 arising out of Case Crime No.11/2013, under Sections 409, 420, 467, 468, 471, 120 -B IPC and Section 7/13(1)(c) of the Prevention of Corruption Act, 1988. It has further been prayed that the court below be directed to enlarge the petitioner on bail on the same bail bonds or fresh bail bonds in respect of added Section 203 IPC and Section 13(1)(e) of the Prevention of Corruption Act, 1988.

(3.) LEARNED counsel for the petitioner has submitted that when the cognizance had already been taken previously, the supplementary charge -sheet could not have been filed without the permission of the court and the court was not competent to take cognizance on the supplementary charge -sheet. It has also been submitted that since the petitioner has been granted bail in the grave offences then the petitioner should be enlarged on bail in the added Section also. It has also been submitted that the permission of the court has not been sought under Section 178 CrPC, therefore, the submission of supplementary charge -sheet is against the provisions of law.

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NAWAL KISHORE Vs. STATE OF U.P.

Referred Judgements :-

JUDGEMENT

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