JUDGMENT :

1. Sri Rajendra Kumar, learned counsel for the applicant and Sri Vinod Kant, learned Additional Advocate General alongwith Sri Ratnendu Kumar Singh, learned Additional Government Advocate appearing for the State-opposite party.

2. The present application under Section 482 Cr.P.C. has been filed seeking to quash the charge sheet no. 01 dated 28.8.2018 and summoning order dated 6.1.2020 as well as entire proceedings of Case No. 58 of 2020 (State vs. Beekki) arising out of Case Crime No. 256 of 2018, under Sections 41, 411, 413 IPC, P.S. Kotwali, District Ghazipur, pending in the court of Chief Judicial Magistrate, Ghazipur.

3. Counsel for the applicant has sought to contend that in respect of the same incident, an earlier FIR dated 29.3.2018 was lodged under Section 392 IPC, P.S. Kotwali, District Ghazipur, which was registered as Case Crime No. 120 of 2018. It is submitted that the present criminal proceedings having been initiated pursuant to a subsequent FIR relating to the same incident, the proceedings are vitiated and the applicant has been falsely implicated by showing false recovery against him.

4. Learned Additional Advocate General appearing for the State-opposite pa