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2010 Supreme(All) 1885

V.K.SHUKLA
Subroto Paul @ Yash Paul and another – Appellant
Versus
State of U. P. & others – Respondent


Advocates:
Subhash Sosain

Hon'ble V.K. Shukla, J.:-

Present application under Section 482 Cr.P.C. has been filed for quashing the charge sheet dated 21.07.2007 and entire proceedings in case crime No. C-101 of 2007, subsequently converted into Criminal Case No.4633 of 2007, under Sections 323 and 504 I.P.C., Police Station Chetganj, District Varanasi, pending in the court of Special Chief Judicial Magistrate, Varanasi.

2. Brief background of the case is that an application under Section 156(3) Cr.P.C. was filed before the Chief Judicial Magistrate, Varanasi, alleging therein that the applicants and few others tried to grab the land of Hari Prasad Chaurasiya, on 01.08.2005 at about 10 P.M. in the night and in furtherance of the said objective abusive language was used. The Special Chief Judicial Magistrate, acting on the said application of Hari Prasad Chaurasiya, vide its order dated 01.05.2007, directed the Station House Officer of the concerned police station to lodge First Information Report. On 19.06.1007 F.I.R. was lodged which gave rise to case crime No.C-101 of 2007 under Sections 147,452, 323, 504, 506, 427, 354 and 392. The police after investigating the matter submitted charge sheet under Section 32
























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