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T.P.SHARMA
J. C. Meshram – Appellant
Versus
State of Chhattisgarh through Police Station – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:Mr. Pramod Verma, Senior Advocate with Mr. Anand Shukla, Advocate.
For the State/Respondent:Mr. Akhil Mishra, Deputy Govt. Advocate with Mr. Qamrul Aziz, Panel Lawyer.

ORDER

Mr. T.P. Sharma, J.— By this petition under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘the Code’), quashment of the order framing charge dated 2-4-2002 and criminal proceeding pending against the petitioner in Criminal Case No.139/96 pending before the Court of Additional Chief Judicial Magistrate, Durg is prayed.

2. Quashment is prayed on the ground that the material collected on behalf of the prosecution is not prima facie sufficient for taking cognizance or framing of charge and even if the allegation made in the charge sheet is admitted in its face value, then the same will not be sufficient for conviction of the petitioner, therefore, continuance of criminal proceeding and framing of charge against the petitioner would only amount to abuse of the process of the Court.

3. Brief facts necessary for the disposal of this petition are that the petitioner was posted as Chief Executive Officer in the District Antya Vyavasay Cooperative Society, Durg (for short ‘the Society’) and in discharge of his official duty, the petitioner along with the Collector, Durg has issued a cheque amounting Rs.60,000/- in favour of the Gramin Bank, Chandrakhuri on 24-2-95 for

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