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2024 Supreme(SC) 191

B. R. GAVAI, SANDEEP MEHTA
Prabhat Kumar Mishra @ Prabhat Mishra – Appellant
Versus
State of U. P. – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Danish Zubair Khan, AOR Dr. Lokendra Malik, Adv.
For the Respondent(s): Mr. Ankit Goel, AOR Mr. Vikas Bansal, Adv. Mr. Ram Shiromani Yadav, Adv.

JUDGMENT :

Mehta, J.

1. Leave granted.

2. This appeal is directed against the judgment dated 26th July, 2022 passed by the High Court of Judicature at Allahabad rejecting the Criminal Misc. Application No. 12691 of 2015 filed by the accused appellant herein under Section 482 of Court of Criminal Procedure, 1973(hereinafter being referred to as ‘CrPC’).

3. By way of the said application, the accused appellant sought quashing of proceeding of the Criminal Case No. 6476 of 2005 pending against him in the Court of learned Chief Judicial Magistrate, Farrukhabad for the offences punishable under Section 306 of the Indian Penal Code, 1860(hereinafter being referred to as the ‘IPC’) and Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter being referred to as ‘SC/ST Act’).

4. The case aforesaid came to be registered on the basis of a charge-sheet filed by the investigating agency pursuant to investigation of C.C. No. 516/2002 P.S. Kotwali, District Farrukhabad.

5. The accused appellant herein was working as the District Savings Officer in Kannauj District. It is alleged that one Data Ram(deceased), posted as Senior Clerk, Child Welfar

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