Court No. - 43 Case :- APPLICATION U/S 482 No. - 10326 of 1993 Petitioner :- Badri Prasad Respondent :- State Of U.P. Petitioner Counsel :- R.B.Sahai Respondent Counsel :- A.G.A. Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicant and learned A.G.A.
This application is filed by the applicant with a prayer to quash the
proceedings of the Criminal Case No. 741 of 1993, under Section 379 IPC,
pending in the court of Munsif Magistrate, Fazalganj, District- Kanpur Nagar.
From the perusal of the record it appears that in the present case the F.I.R. has
been lodged in case crime no. 94 of 1984 at P.S. Swaroop Nagar, District-
Kanpur Nagar. After investigation, the chargesheet dated 21.5.1984 has been
submitted under Section 379/411 IPC. The material collected by the I.O. is
prima facie disclosing the commission of offences. There is no illegality in the
submission of the chargesheet and in taking the cognizance by the learned
magistrate concerned. There is no good ground for quashing the proceedings
of the above mentioned case. Therefore, the prayer for quashing the
proceedings of the above mentioned case is refused.
The interim order dated 26.3.1993 is hereby vacated.
Accordingly, this application is disposed of.
Office is directed to send back the lower court record forthwith.
Let a copy of this order may be communicated to learned Sessions
Judge/C.M.M., Kanpur Nagar for appropriate orders.
Order Date :- 29.7.2010
Ashish Tripathi