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SADHNA RANI THAKUR
Sunil – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
SADHNA RANI (THAKUR), J.
1. Heard learned counsel for the applicants, learned counsel of the opposite Party No. 2 and perused the record.
2. By means of this application under section 482 Cr.P.C. the applicant seeks to invoke the inherent jurisdiction of this court to quash the summoning order dated 18.4.2022 passed by learned Chief Judicial Magistrate, Bareilly in case no. 5136 of 2022, State of U.P. Vs. Ram Mohan Sharma and others, the impugned charge-sheet/police report under section 173(2) Cr.P.C. dated 10.10.2021 arising out of case crime no. 76 of 2021, under sections 420, 467, 468, 471, 447, 386, 120-B I.P.C. police station Prem Nagar, District Bareilly as well as entire proceeding of case no. 5136 of 2022 pending before C.J.M. Bareilly.
3. Vide summoning order dated 18.4.2022 C.J.M. Bareilly summoned above three applicants along with other co accused persons to face trial under sections 420, 467, 468, 471, 447, 386, 120-B I.P.C.
4. Learned counsel for the applicants submits that on 11.2.2021 a first information report was lodged by Abhaychand Kankan against 19 named accused persons under sections 420, 467, 468, 471, 447, 386, 120-B I.P.C. alleging all the named accuse
The final report under Section 173(2) Cr.P.C. does not bind the Magistrate, who has the power to take cognizance of offences based on the material collected during investigation.
The police have the right to conduct further investigation after a charge sheet is filed without needing prior permission from the Magistrate.
Judicial orders must reflect application of mind; mechanical summoning orders without reasoning are invalid.
The accused has no right to seek further investigation after a charge sheet is filed, and discrepancies in evidence are to be resolved at trial.
The investigation agency has the statutory right to conduct further investigation under Section 173(8) of the Code of Criminal Procedure without seeking permission from the Magistrate.
Point of Law : Criminal breach of trust - Conduct of the judicial officers concerned in passing orders on printed proforma by filling up the blanks without application of judicial mind is objectionab....
The Magistrate has the power to summon an additional accused under Section 319 Cr.P.C., but this power should be exercised sparingly and with caution. The Magistrate must be satisfied that a prima fa....
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