MUZAFFAR ABBAS Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) THIS is an application under Section 482 CrPC. The prayer made in the application are these :-

(2.) IT will be noticed that the first prayer is that subsequent charge- sheet submitted in the court by the police on 1-10-88 be quashed. This point will be examined shortly.

(3.) THEN argument of the applicant is that subsequently some witnesses filed affidavits before the Magistrate that the Investigating Officer did not make inquiry from them regarding the incident and by avoiding it he did not file charge-sheet for offence under Sections 395/397 IPC. The Magistrate sent copies of these affidavits to the police. Thereafter police submitted second charge-sheet which is also under Sections 395/397 IPC. From this charge- sheet it appears that firstly the offence as investigated by one Sub-Inspector and then Circle Officer entrusted investigation to another Sub-Inspector and he submitted charge-sheet under Sections 395/397 IPC. While doing so it was written on the first charge-sheet by the S. P. that it was being cancelled. The argument is that the second charge-sheet could not be submitted, the first could not be cancelled and no further investigation was made by the Investigating Officer.