Court No. - 18 Case :- U/S 482/378/407 No. - 1697 of 2004 Petitioner :- Mahesh Chandra Srivastava Respondent :- State Of U.P.& Another. Petitioner Counsel :- Nakul Dubey,Arun Sinha Respondent Counsel :- Govt.Advocate Hon'ble S.N.H. Zaidi,J.
Heard Shri Arun Sinha, learned counsel for the applicant, learned A.G.A. for
the State.
This petition under section 482 Cr.P.C. has been filed with a prayer for
quashing the charge sheet submitted against the applicant in Case Crime No.
147-A of 2000 under sections 147, 148, 149, 302, 201, 204, 218, 420, 467,
468, 471 I.P.C. & section 3(2) (v) of the SC/ST Act, Police Station-
Goshainganj, District-Lucknow and the proceedings arising thereon.
Shri Arun Sinha submitted that this Court vide order dated 31.8.2006 passed
in Criminal Misc. Case No. 879 of 2004 has already quashed the impugned
charge sheet against all the accused persons.
This Court in the concluding Paragraphs of the said order has held that:-
“Proceedings on basis of impugned charge sheet as contained in annexure-1
of this petition is nothing but an abuse of process of law and the process of
the Court. The prosecution wants to misuse the process of law and the court,
hence this charge sheet is liable to be quashed.
Although, other persons named in the charge sheet as accused including the
Investigating Officer, who initially had investigated the case, have not
challenged the impugned charge sheet but for the reasons given above it
would be just and proper that the entire charge sheet against all the accused
is quashed on the same facts on which charge sheet against all the accused,
had been filed.
Accordingly, the impugned charge sheet arising out of crime no. 147-A/00
under sections 147, 148, 149, 302, 201, 218, 420, 467, 468, 471 I.P.C. and
section 3(2)(V) and 4 ST/ST Act, P.S. Goshainganj, District- Lucknow is
hereby quashed.”
Since the charge sheet arising out of concerned crime number has been
quashed by this Court against all the accused persons, including the applicant,
therefore, this petition with the same prayer has become infructuous.
The petition is, accordingly, dismissed as having rendered infructuous.
Order Date :- 12.7.2010
Rizvi