In the absence of evidence against an accused, the entire proceedings of a criminal case are liable to be quashed.

Court No. - 80

Case :- APPLICATION U/S 482 No. - 29658 of 2021

Applicant :- Tasleem Khan

Opposite Party :- State Of U.P And Another

Counsel for Applicant :- Rahul Saxena

Counsel for Opposite Party :- G.A.

Hon'ble Rajeev Misra,J.

Heard Mr. Rahul Saxena, learned counsel for applicant and

learned A.G.A. for State.

This application under Section 482 Cr.P.C. has been filed

challenging charge sheet dated 13.08.2021 submitted in Case

Crime No. 884 of 2020, under Section 420 IPC and Section 66

I.T. Act, P.S. Kotwali, District Bulandshahr, Summoning

Order/Cognizance Taking Order dated 13.09.2021 passed by

Chief Judicial Magistrate, Bulandshahr in consequential Case

No. 7499 of 2020 (State of U.P. Vs. Taslim Khan and others),

under Section 420 IPC and Section 66 I.T. Act, P.S. Kotwali,

District Bulandshahr, as well as entire proceedings of above

mentioned criminal case, now pending in the Court of Chief

Judicial Magistrate, Bulandshahr.

Learned counsel for applicant contends that there is no evidence

against applicant for implicating him under Section 420 IPC

and Section 66 I.T. Act. Placing reliance upon judgement of

Supreme Court in R.P. Kapur v. State of Punjab, AIR 1960

SC 866, it is urged that since there is no evidence against

applicant the entire proceedings of above mentioned criminal

case are liable to be quashed by this Court.

It is then submitted by learned counsel for applicant that

Investigating Officer has not conducted free and fair

investigation. Investigation is not impartial. Investigating

Officer has acted as an agent of prosecution. As such, charge

sheet dated 13.08.2021 is tainted. Consequently, same is liable

to be quashed by this Court.

Per contra, learned A.G.A. has opposed this application.

Learned A.G.A. submits that in case, there is no evidence

against applicant to implicate him for an offence punishable

under Section 420 IPC and Section 66 I.T. Act then remedy of

applicant lies before Court below by moving a discharge

application in terms of Section 239 Cr. P. C. before Court below

itself.

Having heard learned counsel for applicant, learned A.G.A. for

State and upon perusal of material brought on record, this Court

finds that no useful purpose shall be served by keeping this

application pending. Interest of justice shall be served in case

applicant is directed to approach Court below by moving a

discharge application under Section 239 Cr. P. C.

Accordingly, present application is disposed of finally with a

direction to applicant to file a discharge application in terms of

Section 239 Cr. P. C. before Court below itself. In case, such a

discharge application is filed within a period of one month from

today along with a separate notary affidavit annexing along

with the same, a certified copy/computer generated copy of this

order, Court below shall decide the same within a period of two

months by a reasoned and speaking order.

Order Date :- 4.1.2022

HSM