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2009 Supreme(All) 3347

VIJAY KUMAR VERMA
ANKIT – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Umesh Chandra Mishra for the Applicants; A.G.A. for the Opposite Parties.

JUDGMENT

Hon’ble Vijay Kumar Verma, J.—By means of this application under Section 482 of the Code of Criminal Procedure (in short ‘the, Cr.P.C.’), the applicant has invoked inherent jurisdiction of this Court to quash the charge-sheet No. 158 of 2008, under Section 3/7 of E.C. Act, dated 14.11.2008 of case Crime No. 202 of 2008 of P.S. Gagal Hedi, District Saharanpur and to set aside the order dated 9.2.2009, passed by Sri Talevar Singh, the then Judicial Magistrate-III, Court No. 20, Saharanpur in Crl. Case No. 252 of 2009 (State v. Ankit).

2. By the impugned order cognizance has been taken by the learned Magistrate against the applicant on the aforesaid chargesheet and the applicant has been summoned to face the trial under Section 3/7, E.C. Act.

3. Shorn of unnecessary details, the facts leading to the filing of this application, in brief, are that an FIR was lodged by Sri S.P. Tyagi, Supply Inspector, Saharanpur (O.P. No. 2 herein), on 16.10.2008 at P.S. Gangal Hedi (Saharanpur), where a case under Section 3/7 E.C. Act was registered at crime No. 202 of 2008 against the applicant Ankit. The allegations made in the FIR, in brief, are that when on 16.10.2008 at about 12.45 p.m., ins















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