JAIWARDHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD learned counsel for the applicant and learned AGA for the State. By moving the present application under Section 482 Cr.P.C. the opposite parties who are the police officials, complainant and the State, have been prayed to be restrained to take any action against the applicant on the basis of chargesheet submitted against the applicant in Case No. 3050 of 2013 arising out of Case Crime No. 594 of 2012, under Sections 147, 148, 149, 302, 120 -B I.P.C., Police Station Bansdeeh, Ballia.

(2.) IT has been argued that while deciding Writ Petition No. 1505 of 2013 passed by the Division Bench of this Court, it was ordered that the police report in this case shall be submitted only after the approval of the D.I.G. Azamgarh Range, Azamgarh. Since the report has not been approved by D.I.G. and further investigation is pending in this case, the chargesheet in question be stayed till receipt of the further investigation in the matter.

(3.) THE applicant even on earlier occasion moved application under Section 482 Cr.P.C. with the prayer that entire chargesheet of the present case along with the proceeding of the case be quashed. The prayer for quashing the chargesheet was refused by the order dated 26.11.2013 passed in Criminal Misc. Application No. 42774 of 2013. Thus, it is evident that the prayer for quashing the chargesheet has been repeated, which is not maintainable at this end.