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2015 Supreme(All) 2056

MANOJ MISRA
Khushi Lal @ Khushi Ram – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner: N.K. Maurya.
For the Respondents:Govt. Advocate.

JUDGMENT

Manoj Misra, J.

Heard learned counsel for the applicants; the learned AGA for the State and perused the record.

2. The instant application under Section 482 CrPC has been filed seeking quashing of the proceeding in criminal case no.1367 of 2015 (State Vs. Khushi Lal and another), arising out of case crime no.62 of 2009, police station Kishni, district Mainpuri, under Sections 419 and 420 IPC, pending in the Court of Civil Judge (J.D.)-1st, Mainpuri.

3. The allegation against the applicants is of running a school by the name of Gautam Budh Public School, Sakra, Narayanpur, district Mainpuri from Class KG to Class-X without obtaining recognition from any of the authorized Boards. The police investigated the matter and laid charge sheet.

4. Learned counsel for the applicants submitted that although no recognition may have been granted to the said school, but no examinations were being taken by the school and, therefore, no offence of cheating can be said to have been committed by the applicants.

5. Whether there is any evidence collected to disclose an offence of cheating, cannot be ascertained because the applicants have not enclosed statement of the witnesses recorded under Secti



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