FAIJINA SIDDIQUI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD the learned Counsel for the applicant and the learned A.G.A. for the State.

(2.) THIS application has been filed by the applicant Km. Faijina Siddiqui with a prayer to quash the proceedings of Crimi nal Case No. 6814 of 2007 under sections 307, 302 and 120-B/34 I.P.C. pending in the Court of learned C.M.M. Kanpur Nagar.

(3.) CONSIDERING the submission made by the learned Counsel for the applicant, learned A.G.A. and from the perusal of the record it appears that in the present case charge-sheet has been submitted against the applicant under sections 307, 302 and 120-B/34 I.P.C. on which the learned Mag istrate concerned has taken cognizance and summoned the applicant to face the trial, thereafter, the application for doing further investigation under section 173(8) Cr.P.C. has been moved by the prosecution, the same has been allowed. Subsequently, I.O. submitted the parcha of the case diary mentioning therein that during further in vestigation no such evidence constituting the offence under section 120-B I.P.C. against the applicant and co-accused has been collected, on the basis of such report, the summoning order passed by the learned Magistrate cannot be recalled or the same cannot be set aside because it is settled position of law that after submission of the charge-sheet if the learned Magis trate concerned has taken cognizance thereafter final report is submitted after further investigation or by other investigation, the earlier order by which the cogni zance has been taken shall not be adversely affected. The material collected by the I.O. in further investigation or by way of doing some other investigation may be used by the accused person for the purpose of con tradiction at the stage of the trial, in the present case, no final report has been submitted, the learned Magistrate con cerned has not committed any error in re jecting the application filed by the appli cant and other co-accused persons which was moved for accepting the final report and closing the proceedings. There is no ground for quashing the proceedings of criminal case No. 6814 of 2007 pending in the Court of learned C.M.M. Kanpur Nagar, therefore, such prayer is refused.