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2022 Supreme(SC) 537

INDIRA BANERJEE, A. S. BOPANNA
Ramveer Upadhyay – Appellant
Versus
State of U. P. – Respondent


Advocates appeared:
For the Appellant :Ranjit Kumar, Rajeev Sharma, Prashant Sharma, Raghuvir Sharma, Vipin Kumar Sharma, Dharmendra Sharma, Diksha Sharma, Akhilesh Mishra, Advocates
For the Respondent:Siddarth Dave, Swetashwa Agarwal, Sanchit Garga, Nikunj Jain, Advocates

JUDGMENT

Indira Banerjee, J.

This special leave petition is against a final judgment and order dated 7th March 2022 passed by the High Court of Judicature at Allahabad, dismissing the application filed by the Petitioner under Section 482 of the Criminal Procedure Code, 1973 being case No. 29704 of 2021, whereby the Petitioner had challenged the order dated 17th September 2021 passed by the 4th Additional District and Sessions Judge, Hathras taking cognizance of the complaint filed by the Respondent No. 2 under Section 365 read with Section 511 of the Indian Penal Code, 1860 (IPC) and Section 3(1)(Dha) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989, hereinafter referred to as "the Atrocities Act".

2. Mr. Ranjit Kumar, Senior Advocate appearing on behalf of the Petitioners opened his arguments contending that this case is a classic example of malicious prosecution of the petitioners, who have been embroiled in a false criminal case, due to political animosity. The complaint in the Court of the 2nd Additional District and Sessions Judge/Special Judge under the Atrocities Act, under section 156 (3) of the CrPC , which has given rise to these proceedings, has


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