Court No. - 43 Case :- APPLICATION U/S 482 No. - 978 of 1997 Petitioner :- Saleem Respondent :- State Of U.P. Petitioner Counsel :- C.P.Singh,V.P.Srivastava Respondent Counsel :- A.G.A. Hon'ble Ravindra Singh,J.
Learned counsel for the applicant is not present.
Heard learned A.G.A. and perused the record.
This application has been filed with a prayer that a suitable direction maybe
issued to the government or authority concerned to get the matter investigated
by C.B.C.I.D. in case crime no. 622 of 1996 under section 302, 307 IPC, P.S.
Hapur, District Ghaziabad.
From the perusal of the record it appears that in the present case the FIR has
been lodged by O.P. No. 3 in case crime no. 622 of 1996 under section 302,
307 IPC, P.S. Hapur, District Ghaziabad in which the chargesheet has been
submitted. The material collected by the I.O. prima facie disclosing the
commission of the offence. The applicant was absconding. The learned
Magistrate concerned has taken the cognizance on the chargesheet submitted
by the I.O. There is no illegality in submissions of the chargesheet as well as
in taking the cognizance by the court concerned and there is no ground of of
issuing a direction to transfer the case to C.B.C.I.D. or any other agency.
such prayer is refused.
Accordingly this application is dismissed.
The interim order 5.3.1997 is vacated.
Let a copy of this order be sent to learned Sessions Judge, Ghaziabad for
passing the appropriate order in the above mentioned case.
Order Date :- 11.8.2010
RPD