SANJAY SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) THE applicant in this petition under Section 482 Cr.P.C. seeks termination of proceedings pending in the Court of Chief Judicial Magistrate, Amroha J.P. Nagar (Crime No. 5459 of 2003) under Sections 392, 412 I.P.C. and Section 25 of the Arms Act.

(2.) I have heard Sri V.K. Jaiswal, learned Counsel for the applicant and Sri R.K. Maurya, Additional Government Advocate for the State.

(3.) THE contention is justified and must be upheld because identification of an unknown dacoit or robber in Court without prior identification by the witness at the identification parade is of no value. There is hardly any scope for controversy on this aspect. The Trial for robbery, if it proceeds would be only a farce. The charge under Section 392 I.P.C. should, therefore, be quashed.