LAWS(ALL)-1999-11-122

RADHEY SHYAM KATIYAR Vs. STATE OF U P

Decided On November 02, 1999
RADHEY SHYAM KATIYAR Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) -Heard Sri J. S. Sengar, learned counsel for the applicants and Sri G. C. Saxena, learned counsel for the opposite party No. 2.

(2.) THIS is a petition under Section 482, Cr. P.C. to stay the proceedings of Case No. 5975 of 1999 pending in the Court of C.M.M., Kanpur Nagar, against petitioners.

(3.) I have considered the arguments. The charge-sheet against the applicants cannot be quashed for the reason that cognizance was taken by the Court on the charge-sheet against opposite party No. 2. No investigation was done against opposite party No. 2 and there is no bar for investigating the matter against other accused against whom the charge-sheet was not submitted in spite of the fact that cognizance of the offence was taken against some accused on the basis of the charge-sheet.