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#12
15.12.2010
Present: Petitioner in person.
Ms.Fizani Husain, APP for the respondent/State with 10 .
+Crl. M.C.1963/2010
Status report under the signatures of SHO, P.S.Tilak Marg filed, which is taken on record. Copy supplied to the petitioner.
Charanjit, the petitioner herein, vide the instant petition being
Crl.M.C. 1963/2010 is seeking quashing of the FIR No. 543/2004, P.S.Tilak
Marg on the ground that during investigation he handed over a 62 page document to the Investigating Officer SI Mahesh Chander, who with ulterior motive has placed only four pages out of the same with the charge sheet.
Earlier also, the petitioner had filed application for quashing of the
~ FIR, which was dismissed by a Coordinate Bench of this court as not maintainable. The petitioner filed a SLP against the aforesaid order, which was also dismissed on 03rd November, 2008.
Admittedly, the charge sheet in this case after completion of investigation has been filed for the offences punishable under Sections
186/353/228/452 IPC. Aforesaid offences as per the scheme of Code of
Criminal Procedure are to be tried in accordance with the procedure of warrant trial cases instituted on police report, therefore, under Section
239 of Cr.P.C., the petitioner obviously will get an opportunity of being heard before framing of charge.
)
2010:DHC:9278
Since an equally efficacious remedy is available to the petitioner / under the Code of Criminal Procedure, he cannot be allowed to jump the hierarchy of the court. Thus, in my view, this is not a fit case for invoking inherent powers under Section 482 Cr.P.C.
Petition is dismissed accordingly. The petitioner, however shall be at liberty to make his submission on the point of charge before the Trial
Court.
DECEMBER 15, 2010 akb
(AJIT~OKE)
JUDGE
2010:DHC:9278
15.12.2010
Present: Petitioner in person.
Ms.Fizani Husain, APP for the respondent/State with 10 .
+Crl. M.C.1963/2010
Status report under the signatures of SHO, P.S.Tilak Marg filed, which is taken on record. Copy supplied to the petitioner.
Charanjit, the petitioner herein, vide the instant petition being
Crl.M.C. 1963/2010 is seeking quashing of the FIR No. 543/2004, P.S.Tilak
Marg on the ground that during investigation he handed over a 62 page document to the Investigating Officer SI Mahesh Chander, who with ulterior motive has placed only four pages out of the same with the charge sheet.
Earlier also, the petitioner had filed application for quashing of the
~ FIR, which was dismissed by a Coordinate Bench of this court as not maintainable. The petitioner filed a SLP against the aforesaid order, which was also dismissed on 03rd November, 2008.
Admittedly, the charge sheet in this case after completion of investigation has been filed for the offences punishable under Sections
186/353/228/452 IPC. Aforesaid offences as per the scheme of Code of
Criminal Procedure are to be tried in accordance with the procedure of warrant trial cases instituted on police report, therefore, under Section
239 of Cr.P.C., the petitioner obviously will get an opportunity of being heard before framing of charge.
)
2010:DHC:9278
Since an equally efficacious remedy is available to the petitioner / under the Code of Criminal Procedure, he cannot be allowed to jump the hierarchy of the court. Thus, in my view, this is not a fit case for invoking inherent powers under Section 482 Cr.P.C.
Petition is dismissed accordingly. The petitioner, however shall be at liberty to make his submission on the point of charge before the Trial
Court.
DECEMBER 15, 2010 akb
(AJIT~OKE)
JUDGE
2010:DHC:9278
JUDGMENT