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2020 Supreme(All) 167

SURESH KUMAR GUPTA
Kaju – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Applicant : Brij Raj, Ramsagar Yadav

JUDGMENT :

1. Heard learned counsel for the applicants and learned A.G.A. for the State.

2. This application under Section 482, Cr.P.C. has been filed for quashing the entire criminal proceedings of complaint case No. 2018 of 2018 arising out of case crime No. 163 of 2017, under Sections 308, 504 IPC, police station- Kotwali Katra, district Mirzapur as well as charge sheet dated 17.12.2017 and cognizance order dated 6.4.2018, pending in the court of Chief Judicial Magistrate, District Mirzapur.

3. The contention of the counsel for the applicants is that the applicants have been falsely implicated in this case and the learned trial court without disclosing the words that the prima facie no case is made out against the applicants, cognizance order is passed by the learned Magistrate without application of mind and on this basis the learned counsel for the applicant submitted that the congizance order is bad in the eye of law and is liable to quash.

4. Learned counsel for the applicant also relied upon paragaraph Nos. 6 and 12 of the judgment passed by Hon'ble Allahabad High Court in the case of Akash Garg Vs. State of U.P. reported in [2011 (11) ADJ 849].

    "6. It is well settled that the M

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