VIJAI SINGH Vs. STATE OF U P

JUDGEMENT

(1.) S. K. Phaujdar, J. Through this ap plication the applicant desired that a sup plementary charge-sheet dated 10-4-1998 submitted by the CBI in case Crime No. 109 of 1997, PS. Kotwali, District Farruk-habad, subsequently re- numbered as R. C. 3 (S)/97/cbi (SIC-IV/lko) be quashed and further proceedings in S. T No. 2297 of 1997, pending in the court of Xth Addi tional Sessions Judge, Lucknow, best ayed.

(2.) IT is not disputed that in the first charge-sheet the applicant was named as an accused. IT is, however, stated that his involvement was shown as a co-con spirator only and there was no allegation of his actual presence at the spot of mur der, rather it was stated that, after the conspiracy, he had left the place for another destination. Upon that initial charge-sheet cognizance was taken and commitment was made giving rise to the aforesaid Sessions trial. IT is not disputed that the matter is fixed for hearing on charge on 28-9-1998.

(3.) THE petitioner relied on a decision of the Allahabad High Court as reported in the case of Dharmendra Thpathi, 1997 ACC 61 : 1997 JIG 769 (All ). Here was a charge-sheet without compliance of provision of Section 173 (2), Cr. P. C and the Court had quashed the same. In the instant case, however, we are not faced with any such situation. A charge-sheet has already been acted upon being in con formity with Section 173 (2), Cr. P. C. and only a further investigation, as permissible under the law, has disclosed certain new facts which also have been brought to the knowledge of the Court. Thus, the second charge- sheet may not be quashed on this ground.