JAGPAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) -Heard learned counsel for the applicant and learned A.G.A.

(2.) THIS application has been filed with a prayer to quash the order dated 23.11.2007, passed by A.C.J.M., Deoband, Saharanpur in Case No. 881 of 2007, arising out of charge-sheet submitted in Case Crime No. 153 of 2005, under Sections 147, 148, 149, 307, 323, 504 and 506, I.P.C., P.S. Deoband, District Saharanpur, whereby the application filed by the Investigating Officer for granting a permission for further investigation under Section 173 (8), Cr. P.C. has been rejected.

(3.) CONSIDERING the facts, circumstances of the case, submissions made by learned counsel for the applicant learned A.G.A. and from the perusal of the record it appears that in the present case eight persons including Jai Pal son of Om Prakash are named in the F.I.R. and they have been charge-sheeted but Jai Pal son of Om Prakash has neither surrendered nor he was arrested by the police then the N.B.W. and process under Section 82, Cr. P.C. was issued. Subsequently the police has submitted the report in the Court of learned Magistrate concerned that Jagpal Singh is alias name of Jaipal Singh who has been charge-sheeted. It has been clarified by the Investigating Officer Naresh Kumar on 10.10.2007. It appears that subsequently the application was given by the applicant to S.S.P., Saharanpur for doing further investigation to ascertain his accusation and affidavit has also been filed by the first informant Chander Singh in favour of the applicant Jagpal Singh, thereafter the Investigating Officer moved an application in the Court of learned A.C.J.M., Deoband, Saharanpur for the purpose of further investigation under Section 173 (8), Cr. P.C. This controversy has been created after submission of the chargesheet so that accused who has been charge-sheeted may be escaped from a criminal liability because Jaipal Singh son of Om Prakash is named in the F.I.R., he has been charge-sheeted but subsequently it has been clarified by the police that the same person is named as Jaipal and Jagpal the parentage of both the names is same. The learned Magistrate concerned has not committed any error in passing the order dated 23.11.2007.