JUDGMENT :

1. This Application under Section 482 Cr.P.C. seeks to quash proceedings of Criminal Case no.54 of 2018, State vs. Parmeshwar Bharati (arising out of Case Crime no.40 of 2017), under Section 505(2) IPC and Section 66-A of the Information Technology Act, Police Station Bijpur, District Sonbhadra, pending before the Judicial Magistrate, Duddhi, District Sonbhadra. There is a prayer to quash charge sheet no.25 of 2017, dated 17.06.2017 giving rise to the aforesaid proceedings also.

2. Heard Sri Rakesh Prasad and Sri D.S. Yadav, learned counsel for the applicant and Sri S.K. Pal, learned Government Advocate assisted by Sri J.B. Singh, learned A.G.A. and Sri Avanish Shukla, learned counsel appearing on behalf the State.

3. At the outset, it must be placed on record, that the learned counsel appearing for both sides agreed that the issues involved in the present application being essentially legal, and, determinable on the basis of material already available on record, no further affidavits are required to be filed by the parties. The Court has, therefore, proceeded to hear the matter on merits.

4. In order to support his prayer to quash proceedings of the criminal case under refe