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2016 Supreme(All) 2828

OM PRAKASH VII
Satish Mani Tripathi – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner: Amit Kumar Srivastava, Ramesh Chandra Mishra
For the Respondent: G.A.,Ashok Kumar Tiwari

JUDGMENT

Om Prakash-VII,J.

This application u/s 482 Cr.P.C. has been filed with a prayer to quash the entire proceedings of complaint case no. 2630 of 2013 (Vishwa Vijay Tiwari Vs. Satish Mani Tripathi) under sections 419, 420, 506 IPC, Police Station Brijmanganj, District Maharajganj pending in the court of Judicial Magistrate, Farenda, Maharajganj. Further prayer has been made to quash the order dated 13.4.2015 passed by Sessions Judge, Maharajganj in criminal revision no. 61 of 2014 and summoning order dated 2.7.2016 passed by Judicial Magistrate, Farenda, Maharajganj.

2. Heard Shri Amit Kumar Srivastava, learned counsel for the applicant, Shri Ashok Kumar Tiwari, learned counsel for opposite party no.2 and learned A.G.A. for the State and perused the record.

3. Learned counsel for the applicant submitted that offences levelled against the applicant are not attracted against him in the present matter, as the certificate said to have been issued in the name of applicant was not produced at anywhere and no benefit was derived by the applicant on the basis of said certificate. It was further submitted that unless and until certificates are used for taking any benefit, offence under sec





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