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2019 Supreme(All) 1776

RAM KRISHNA GAUTAM
Sanjay Verma – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Applicant : Ashok Kumar Mishra, Shashi Bhushan Kunwar
For the Opposite Party : G.A., Sunil Kumar Singh, V.K. Baranwal

JUDGMENT :

1. This application under Section 482 of Cr.P.C. has been filed by Sanjay Verma against State of U.P. and another, with a prayer for setting aside impugned charge-sheet and cognizance taking order dated 31.5.2016, in Criminal Case No. 889 of 2016, State Vs. Sanjay Verma, under Sections 354 of I.P.C., P.S. Kotwali, District Ballia, pending before Court of A.C.J.M. Ist, Ballia.

2. Heard learned counsel for the applicant and learned A.G.A. representing the State.

3. Learned counsel for the applicant argued that opposite party No. 2 Rekha Verma, who is informant-complainant of present case, lodged under Section 354 of IPC, is an accused in a case of murder of Omji Verma, which was manipulated by her to be shown as a railway accident death whereas FIR was got lodged and matter was investigated wherein, final report was submitted, against which protest petition was filed and order for further investigation was prayed. This is a false case lodged as counter blast for alleged occurrence after a delay. This offence under Section 354 of IPC as Case Crime No. 567 of 2016, was got registered, upon an application moved under Section 156(3) of Cr.P.C., wherein, investigation resulted in

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