JUDGMENT :

1. Heard Sri Sushil Kumar Singh, learned counsel for the applicant, Sri Anirudh Kumar Singh, learned AGA-I and Ms. Priyanka Singh, learned counsel for the opposite party no. 2.

2. By means of this petition the applicant has prayed for quashing of the Charge-sheet dated 10.3.2018 and the entire criminal proceedings in pursuance of charge-sheet pending in the court of IVth A.C.J.M., Court no. 22, Sultanpur arising out of Case Crime No. 163 of 2017 u/s 323, 504, 506, 354, 427, 376 IPC, P.S. Goshaiganj, District Sultanpur pending in Crl. Misc. Case No. 408 of 2018 (State vs. Pankaj & Others).

3. The precise question for consideration is whether the investigation carried out by the incompetent authority and charge-sheet filed by the same authority would make the investigation and charge-sheet as nullity in the eyes of law. Further as to whether the order of cognizance of the Magistrate taking cognizance of the same charge-sheet would also be nullity.

4. For addressing and replying the aforesaid question some brief facts of the case would be necessary to be considered.

5. In the present case a F.I.R. was registered on 6.11.2015 bearing N.C.R. No. 314 of 2015 u/s 323, 504, 427 IPC a