RAJARAM DWIVEDI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri V. P. Srivastava, senior advocate assisted by Sri Lav Srivastava and Sri Vinod Tripathi, learned counsel for the applicant and learned A.G.A. for the State of U. P.

(2.) THIS application has been filed by the applicant Rajaram Dwivedi with a prayer to quash the proceedings including the charge-sheet and summoning order of Criminal Case No. 883 of 2008 under Sections 147, 148, 149 and 304, I.P.C. pending in the Court of learned A.C.J.M., Court No. 17, Etah.

(3.) CONSIDERING the facts, circumstances of the case, submissions made by learned counsel for the applicant, learned A.G.A. and without expressing any opinion on the legal issues as of sanction etc., raised by counsel for the applicant because the same may affect the trial of the applicant and other stages, it appears that Investigating Officer has committed no error in submitting the charge-sheet on the basis of material collected during investigation. The learned Magistrate concerned has also not committed any error in taking the cognizance on the basis of charge-sheet submitted in the Court and there is no illegality in the prosecution of the applicant because in the present case one person has lost the life. According to the post-mortem examination report, he had sustained one gun shot wound of entry having its exit wound. Its explanation has not been given by the applicant in the F.I.R. lodged at police station in respect of the said incident. There is no good ground for interfering in the proceedings pending against the applicant in Criminal Case No. 883 of 2008 under Sections 147, 148, 149 and 304, I.P.C. therefore, the prayer for quashing the charge-sheet dated 10.3.1997, order dated 21.4.1997, passed by A.C.J.M., Court No. 17, Etah by which the cognizance has been taken and applicant and other co-accused persons have been summoned to face the trial, therefore, the prayer for quashing the proceeding including the charge-sheet and summoning order dated 21.4.1997 is refused.