Court No. - 45 Case :- APPLICATION U/S 482 No. - 15230 of 2010 Petitioner :- Mohammad Tahir & Others Respondent :- State Of U.P.& Another Petitioner Counsel :- Zaffer Ahamad Respondent Counsel :- Govt.Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C., has been filed for
quashing the order dated 16.01.2010 passed by learned Additional Sessions
Judge/Fast Track Court No.3, District Rampur in Sessions Trial No. 685 of
2009 (State Vs. Tashreef and others), whereby charges for the offence under
Sections 420, 467, 468, 471 and 120B I.P.C., has been framed against the
applicants.
Learned counsel for the applicants has contended that without any proper
investigation, charge sheet was filed and the charges has been framed when in
fact no charge could have been framed against the applicants, had proper
investigation was conducted.
Learned A.G.A. has contended that under the provisions of Code of Criminal
Procedure, charge can be altered at any stage by the Trial Court for which, the
applicants may move an appropriate application.
After hearing the learned counsel for the applicants, learned A.G.A. and after
perusing the averments made in the present application as well as considering
the facts and circumstances of the case, the prayer for quashing the order
impugned dated 16.01.2010 is hereby refused.
However, the applicants have remedy open to them before the concerned
court below, if so advised.
With the aforesaid observations, this application is finally disposed off.
Order Date :- 22.7.2010
S.Ali