DEVENDRA KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Mr. Ajay Sengar, learned counsel for the petitioners and learned A.G.A. for the State.

(2.) The present matter under Aticle 227 has been filed to quash the impugned order dated 09.10.2018 and 30.10.2019 passed by the learned Additional District and Sessions Judge I, Jalaun at Orai in Sessions Trial No. 48 of 2017 (State of U.P. Vs. Mayank Pandey and others), under Sections 147, 148, 149, 323, 324, 325, 326, 504, 506, 308 I.P.C., Police Station- Rampura, District- Jalaun, whereby the concerned Magistrate has framed charges against the petitioners.

(3.) Learned counsel for the petitioners submits that order impugned passed by the court below framing charge against the petitioners is illegal, as the first information report is based on false and frivolous allegations against the petitioners. It is next submitted that for the alleged incident dated 21.07.2016, the first information report has been lodged after eight days from the date of the alleged incident for which no plausible explanation has been given, which makes the prosecution case doubtful. It is next submitted that the investigation has not been completed in accordance with Chapter XII Cr.P.C. and the charge-sheet has been submitted without proper investigation. After submission of the charge-sheet, the concerned Magistrate has, without applying his judicial mind, taken cognizance. Without sufficient evidence and material on record, the petitioners has been summoned and vide impugned order charges have been framed against them, which is illegal.