2019 (10) TMI 1635

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.... 1. Heard Sri R.R. Singh, learned counsel for applicant and learned A.G.A. for State of U.P. 2. Applicant has invoked jurisdiction of this Court under Section 482 of Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C.") with a prayer to quash charge sheet as well as further proceedings pursuant to Case Crime No. 47 of 2003, under Sections 420, 467, 468 I.P.C., Police Station B....

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....me and again it has been highlighted by Supreme Court that at the stage of charge sheet factual query and assessment of defence evidence is beyond purview of scrutiny under Section 482 Cr. P.C. The allegations being factual in nature can be decided only subject to evidence. In view of settled legal proposition, no findings can be recorded about veracity of allegations at this juncture in absence o....

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....on of these two offences in the complaint or not. In other words, in order to see whether any prima facie case against the accused for taking its cognizable is made out or not, the Court is only required to see the allegations made in the complaint. In the absence of any finding recorded by the High Court on this material question, the impugned order is legally unsustainable. 16. The seco....