LAWS(ALL)-2019-12-223

SATISH CHANDRA GUPTA Vs. STATE OF U.P

Decided On December 04, 2019
SATISH CHANDRA GUPTA Appellant
V/S
STATE OF U.P Respondents

JUDGEMENT

(1.) The present petition under Section 482 Cr.P.C. has been filed for quashing of the proceedings of Case No.3143 of 2013, State Vs. Hukum Chandra and others, under Sections 406, 420, 467, 468, 471, 504 and 506 IPC, pending in the court of Special Additional Chief Judicial Magistrate, CBI (Ayodhya Prakaran), Police Station Wazirganj, District Lucknow.

(2.) The police after investigation, filed the charge sheet under Sections 406, 420, 467, 468, 471, 504, 506 IPC in Case No.35 of 2012. The learned Magistrate vide order dated 29.6.2012 took cognizance on the aforesaid charge sheet and issued summons against the accused for their appearance before the Court on 17.10.2012.

(3.) It appears that the Investigation Officer, thereafter, filed an application before the learned Magistrate for further investigation of the offence. The learned Magistrate vide order dated 3.10.2012 gave permission to the Investigation Officer to carry out further investigation. It appears that the Investigation Officer after carrying out further investigation, filed the supplementary charge sheet under Sections 406, 420, 467, 468, 471, 504, 506 and 120 and 34 IPC and he found involvement of only three accused (petitioners) and exonerated the other accused. Learned Magistrate vide order dated 17.9.2013 took cognizance on this supplementary charge sheet and summoned the the petitioners.