SHYAMA CHARAN DUBEY Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The short question involved in the present application under Section 482 Cr. P.C. is as to whether on the facts of the present case the accused possesses a right to get further investigations ordered through the Magistrate's Court in supposed exercise of powers under Section 173(8) Cr. P.C.

(2.) The brief facts are that on 28th of March, 1988, a first information report had been lodged under Section 396 IPC at 8.20 a.m. by one Sudhir Kant Dwivedi, the gist of the allegations is that an armed dacoity was committed in which Babu Ram and Munni Devi were brutally assaulted as a result of which they died. The accused took away the ornaments and other documents etc. which were kept in the boxes. The informant and many other witnesses saw the accused out of whom the applicant Shyam Charan Dubey alias Aspatali r/o village Jeepure, P.S. Gohan district Jalaun was named as an accused along with four others.

(3.) The admitted case between the parties is that during investigation, proceedings under Sections 82/83, Cr. P.C. were taken against the applicant. However, the father of the applicant raised objections about the attachment on the ground that the applicant was living separately out of Jalaun and the attached property did not belong to him. The applicant had come up in a petition under Section 482, Cr. P.C. on an earlier occasion before this court When it was directed that the Magistrate may decide the objections of the father of the applicant if raised before him under Section 84, Cr. P.C. because the application under Section 482, Cr. P.C. was held to be not maintainable as charge-sheet had not been filed against the applicant till then.