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"1
I
I
I I I n!l II II
#6
% 12.09.2011
Present: Petitioner in person.
Ms. jasbeer Kaur, APP for the respondent/State.
+Cri.M.C. No. 2303/2008
Ill II
This is a petition seeking quashing of FIR No. 483/2005, PS Connaught
Place. It is informed that after completion of investigation, charge sheet under
Section 420/406/468/471/120-B IPC has been filed against the Petitioner and charges are yet to be framed.
As per the scheme of Code of Criminal Procedure, in view of the Section
239 of the Cr.P.C., the Petitioner would get an opportunity of being heard on the
~ point of charge and he can make all his submissions against framing of charge.
As an equally efficacious remedy is available to the Petitioner as per the scheme of Code of Criminal Procedure, I am not inclined to invoke the inherent jurisdiction of this Court under Sec. 482 Cr.P.C., particularly when the evidence collected during the investigation is not available before this Court and the concerned court shall have benefit of going through the same. The application is dismissed.
Needless to say that the trial court shall give hearing to the Petitioner on the point of charge.
The petition stands disposed of.
SEPTEMBER 12, 2011/'raj'
(AJIT BHARIHOKE)
JUDGE
I
2011:DHC:12076
I
I
I I I n!l II II
#6
% 12.09.2011
Present: Petitioner in person.
Ms. jasbeer Kaur, APP for the respondent/State.
+Cri.M.C. No. 2303/2008
Ill II
This is a petition seeking quashing of FIR No. 483/2005, PS Connaught
Place. It is informed that after completion of investigation, charge sheet under
Section 420/406/468/471/120-B IPC has been filed against the Petitioner and charges are yet to be framed.
As per the scheme of Code of Criminal Procedure, in view of the Section
239 of the Cr.P.C., the Petitioner would get an opportunity of being heard on the
~ point of charge and he can make all his submissions against framing of charge.
As an equally efficacious remedy is available to the Petitioner as per the scheme of Code of Criminal Procedure, I am not inclined to invoke the inherent jurisdiction of this Court under Sec. 482 Cr.P.C., particularly when the evidence collected during the investigation is not available before this Court and the concerned court shall have benefit of going through the same. The application is dismissed.
Needless to say that the trial court shall give hearing to the Petitioner on the point of charge.
The petition stands disposed of.
SEPTEMBER 12, 2011/'raj'
(AJIT BHARIHOKE)
JUDGE
I
2011:DHC:12076
JUDGMENT