- (1.) Leave granted.
(2.) An FIR bearing No. 04/2017 has been registered against the appellant-accused Fakhrey Alam under Section 420,467, 468, 471 and 120-B, IPC and 3/25/30 of the Arms Act and under Section 18 of the UAPA Act, 1967.
(3.) The appellant was arrested on 08.03.2017 and on 03.06.2017, learned Court of Chief Judicial Magistrate, Lucknow granted a total of 180 days to the police for filing the charge sheet. The police filed charge sheet on 04.09.2017 under the aforesaid provisions, except under the UAPA Act as it was mandatory to obtain prosecution sanction from the State Government which had not been forthcoming till the date of filing of the charge sheet. Thus, the charge sheet states as under : " That the accused are in Judicial Custody and the remand period of the accused Fakhrey Alam is completing today. Therefore, the Charge Sheet under Section 420/467/468/471/120-B IPC and Section 3/25/30 Arms Act is being filed before this Hon'ble Court against the accused persons. It is requested to summon the witnesses and commences the Trial of the Case. A separate Charge Sheet shall be under Section 18 UA (P) Act shall be filed against obtaining the prosecution sanction." ;