JADUVEER SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Mr. Satish Chandra Dubey and Jay Singh Yadav, learned counsel for the applicant and learned A.G.A. for the State.

(2.) The present application under Section 482 Cr.P.C. has been filed to quash the impugned order dated 24th March, 2017 passed by the First Additional Chief Judicial Magistrate, Shahajahanpur in Case No. 2203 of 2010 (State Vs. Jaduveer Singh) arising out of Case Crime No. 215 of 2015, under Sections 420, 468, 469 and 471 I.P.C., Police Station-Sadar Bazar, District-Shahjahanpur, whereby the concerned Magistrate has framed charges against the applicant.

(3.) Learned counsel for the applicant submits that order impugned passed by the court below framing charge against the applicant is illegal, as the first information report is based on false and frivolous allegations against the applicant. It is next submitted that for the alleged incident dated 17th August, 2009, the first information report has been lodged after six months 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 applicant has been summoned and vide impugned order charges have been framed against him, which is illegal.