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2016 Supreme(All) 2503

OM PRAKASH VII
Pramod Singh – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner: Kaushlendra.
For the Respondent: G.A.

JUDGMENT

Om Prakash-VII,J.

Heard learned counsel for the applicants and the learned AGA appearing for the State.

2. This application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire criminal proceeding of Case No. 03 of 2016 (State Vs. Pramod Singh and another) in charge sheet dated 18.2.2016 arising out of Case Crime No. 365 of 2015 under Sections 147, 427, 428, 435 IPC and Section 3(1)X of SC/ST Act, Police Station Gaura Badshahpur, district Jaunpur along with cognizance order dated 4.4.2016, pending in the court of Additional Chief Judicial Magistrate-II, Jaunpur.

3. It is submitted by the learned counsel for the applicants that the FIR has been lodged on false grounds while the applicants had not committed any offence. The police has also submitted charge sheet on the basis of insufficient evidence against the applicants. Essential ingredients to constitute offence are lacking. The present prosecution has been instituted with a malafide intention. Learned counsel for the applicants pointed out certain documents and statements in support of the contention.

4. Learned A.G.A. has opposed the prayer.

5. From a perusal of the material available on record and ke




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