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Sanjay Kumar vs State of U.P. and another

Allahabad High Court · Decided on 26 February 2009 · Citation: (2009) 02 AHC CK 0073

HON’BLE JUDGES
Abdul Mateen, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 210, 482
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Case No. 688 of 2009
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Judgment

7 paragraphs · 370 words

A. Mateen, J.—Heard learned Counsel for the petitioner and learned Additional Government Advocate.

2.

The prayer made in this petition under Section 482, Cr. P.C. is for quashing chargesheet submitted in Criminal Case No. 1605 of 2000 arising out of case crime No. 427 of 1999 under sections 272 and 273, I.P.C. of P.S. Kotwali District Rae Bareli.

3.

I have gone through the contents of the chargesheet as well as the F.I.R. and I do not find any good reason so as to quash the chargesheet. The prayer for quashing the chargesheet is accordingly rejected.

4.

Further submission made at Bar by the learned Counsel for the petitioner is that complaint case bearing Case No. 1711 of 1999 instituted on the basis of F.I.R. lodged by the Food Inspector of District Rae Bareli in the Court of Additional Chief Judicial MagistrateI, Rae Bareli is also the outcome of the one and the same incident i.e. it is based on one and the same sample and is of the same date. As such, the submission is that the petitioner cannot be tried for the same offence twice; once in the police case and in the complaint case. It is submitted that the police case and the complaint case should be clubbed and tried together. Learned Counsel for the petitioner has moved application under section 210, Cr.P.C. which is pending disposal before the Additional Chief Judicial MagistrateI, Rae Bareli.

In view of the above, it is directed that the learned Additional Chief Judicial MagistrateI, Rae Bareli shall proceed in case No. 1605 of 1999 under sections 272 and 273, I.P.C. of Police Station Kotwali, District Rae Bareli only after disposing of the application, of the petitioner moved under section 210, Cr. PC. and the complaint case and the, police case be clubbed together if both the cases arise out of one and the same incident.

5.

It is further provided that if the petitioner surrenders and moves application for bail and if he is already on bail in the complaint case, he shall also be released on bail in the police case on his furnishing adequate personal bonds and surety bonds.

With the above observation/direction, the petition is finally disposed of.