- (1.) Heard learned counsel for the applicants and learned AGA for the State.
(2.) This application under Section 482 Cr.P.c. has been filed for quashing the chargesheet dated 16.06.2014 and the entire proceedings in its pursuance being Case no. 667 of 2014 (State Vs Dharm Raj Pandey and others) under Sections 452, 427, 504 and 506 IPC, Police Station Jhunsi, District Allahabad pending in the court of ACJM, Court no. 7, Allahabad. It has been submitted by learned counsel for the applicants that the first informant refused to get his statement recorded by three consecutive Investigating Officers. The statement of first informant was recorded after a lapse of one year when another favourable Investigating Officer was appointed. It is further submitted that no offence against the applicants was disclosed in the FIR therefore, also the chargesheet has wrongly been submitted and deserves to be quashed.
(3.) Learned AGA as refuted the submission of learned counsel for the applicants. Once a chargesheet has been submitted after due investigation, the case has to be decided on the basis of evidence that may have been collected during the investigation and the evidence that may be produced by the prosecution during trial. Therefore, after submission of the chargesheet the question of allegations in the FIR alone, in my considered opinion are not the only aspect to be considered at this stage of the proceedings i.e. after submission of the chargesheet.;