RAJESH KUMAR PANDEY Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.

(2.) The instant application under Section 482 Cr.P.C. has been filed against the summoning order dated 12.01.2011 passed by Additional Chief Judicial Magistrate III, Faizabad in Case No.14660 of 2009, under Section 409 I.P.C., P.S. Ram Jaham Bhumi, Faizabad.

(3.) Brief facts of the case are that on 05.07.2001, an F.I.R. was lodged against the applicant under Section 409 I.P.C., P.S. Ram Jaham Bhumi, Faizabad. The police had started investigation and after concluding investigation, it was found that the applicant has no role in the offence as alleged in the F.I.R., therefore, on 28.02.2002, chargesheet was filed only against one Dr. R.C. Dhaon. In the aforesaid matter the Magistrate has taken cognizance and proceeded for trial against the accused Dr. R.C. Dhaon. After nine years, on 05.02.2010, he had moved an application to the Director General of Police in which, it was stated that the applicant was also involved in the said crime. On the application moved by the accused Dr. R.C. Dhaon, the police had started the investigation and after completion of the investigation the police filed a charge-sheet against the applicant on 01.12.2010. On the chargesheet submitted by the police against the applicant, the Additional Chief Judicial Magistrate III, Faizabad took cognizance and summoned the applicant vide order dated 12.01.2011 for trial in the offence punishable under Section 409 I.P.C.