HIGH CGURT OF CHHATTISGARI-I AT BILAgPUR SB : HON’BLE $HRI JEfSTICE PRI'NN‘KER BIWAKER CRM.P. No. 327/2009 APPLICANT Ami Kumar Sahu, 8/0. Raghuaath Pr'asad Sahu, agsd about 35 years, Rio. Viilage 3am Pam, Rs. rama Di$trict Kon'a (CG) RESPDNDENT State of C. G. Through P.S.Patna, District Koria (CG) APPLICATION UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE Apyearance: bhn Arvind Singh, counsel for thc applicant. Shri Akhjl Mishra, Dy. GA. for the State. ORAL ORDER (25.06.2909) Heard on admission. The present petition has been riled by the applicant under Section 482 Cr.P.C. for quashing the charge sheet of Crime No. 105/ 2008 in relation to the offence under Sections 120-B/302, 302, 302/34 & 201 of the IPC. Case of the prosecution is that on the intervening night of 13—14.4.2008, one Mathura Singh is aiieged to have been murdered by unknown persons. The FIR was lodged to this ah‘ect on the basis of merg enquiry when the dead body of Mathura Singh was‘found in the held near the brick Kim of the applicant. /w’/j Contention of learned counsel for the applicant is that the only evidence against him is the memorandum of the co- @ accused and the said memorandum canncé be used against the applicant. On the other hand, leaned counsel for the State submits that the present is a case Where after investigation, it has come that the applicant and the deceased both were having illicit relation with one Manmati who was the employee of the applicant. lt is alleged that the applicant had assured for payment of Rs. 50,0001- to the accused persons for murder of the deceased. Shri Mishra further contends that there is enough evidence on record showing that the applicant was involved in the conspiracy and that is WhV he has been made accused with the aid of Sction 120-B and 201 of the IPC. Lastly he contends that the challan could not be quashed under Section 482 of the Cr.P.C. because ample evidence is there against the petitioner. I have heard counsel for the parties. Considering the totality of the case and in particular, the evidence collected by the prosecution, the statement of witnesses recorded under Section 161 Cr.P.C. and the memorandum, at this stage of nling of challan alone, this Court cannot interfere in the present petition filed under Section 482 of the Cr.P.C. The petition has no substance and is accordingly dismissed at the motion stage itself. SdL Pritinker Diwaker Judge l‘ It