The Allahabad High Court dismissed a petition filed by choreographer and film director Remo D’Souza in connection with a cheating case of Police Station Sihani gate, District Ghaziabad.
A Single Bench of Justice Rajeev Misra passed this order while hearing an application under section 482 filed by Remo D’Souza.
Applicant Remo D’Souza, has preferred the application under section 482 Cr.P.C with the following prayer:
“It is, therefore, most respectfully prayed that the Court may graciously be of 2021 as well as cognizance order dated 28.10.2020 in case under section 420, 406, 386 of Indian Penal Code, 1860, Police Station Sihani gate, District Ghaziabad, pending in the court of A.C.J.M III, Ghaziabad.
Further the court may graciously be pleased to stay the further proceedings in case under section 420, 406, 386 of Indian Penal Code, 1860, Police Station Sihani gate, District Ghaziabad, pending in the court of A.C.J.M III, Ghaziabad, during the pendency of the Criminal Misc Application before the court, otherwise the applicant shall suffer irreparable loss and injury.”
The A.G.A has raised a preliminary objection by submitting that the Police Report dated 25.9.2020, submitted by the Investigating Officer in terms of Section 173(2) has not been challenged in the application. In the absence of any challenge to the charge sheet, prayer prayed for by means of the application is misconceived. As such, the application is liable to be dismissed.
“Having heard the counsel for applicant, the A.G.A for State and upon perusal of record, the Court finds that the charge sheet dated 25.9.2020 submitted against applicant has not been challenged in the application. In the absence of any challenge to the charge sheet, no relief as prayed for by means of the application can be granted. As such, the application fails and is liable to be dismissed,” the Court observed while dismissing the application.
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