RUPESH KUMAR SRIVASTAVA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Satish Chandra Mishra, learned Senior Advocate assisted by Sri Mukesh Kumar Tewari, learned counsel for the applicant and Sri Awadhesh Kumar Pandey, learned A.G.A. for the State as well as perused the record.

(2.) The instant application under Sec. 482 Cr.P.C. has been moved by the applicant, namely, Rupesh Kumar Srivastava Alias Nirmal Srivastava with a prayer to quash the impugned order dtd. 22/3/2024 passed by learned Additional Sessions Judge, Court No.9, Gonda in Sessions Trial No.53/2016, arising out of Case Crime No.203 of 2012, under Sec. 307 I.P.C., Police Station Motiganj, District Gonda.

(3.) Learned senior counsel for the applicant submits that final report was submitted in the case of applicant and one co-accused by the Investigating Officer on 30/7/2013 on the ground that the complicity of the applicant and co-accused was not found in the alleged crime. Thereafter, the complainant had filed an application on 14/9/2014 before the Superintendent of Police, Gonda for further investigation of the matter, wherein further investigation was carried out and the charge sheet was submitted against the applicant on 22/1/2016 under Sec. 307 I.P.C. in a mechanical manner without considering the evidence.