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2021 Supreme(All) 1208

Ram Nayan Singh – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Applicant : Vijai Prakash Tiwari.
For the Opposite Party : G.A.

JUDGMENT :

1. Heard Sri Vijai Prakash Tiwari, learned counsel for the applicant and Sri Arvind Kumar, learned Additional Government Advocate appearing for the State-opposite party no.1.

2. The present application under Section 482 CrPC has been filed seeking to quash the impugned orders dated 13.11.2019 and 16.11.2019 (annexure nos. 14 and 15) passed by the Additional District and Session Judge, Court No.9, Varanasi in Session Trial No. 300 of 2019 (State Vs. Ram Nayan Singh), Case crime No. 389 of 2018, under Section 3 of Prevention of Damage to Public Property Act, 1984, [PDPP Act], Police Station Cholapur, District Varanasi.

3. The facts of the case, as pleaded in the application, are to the effect that the criminal proceedings were initiated pursuant to an FIR dated 20.07.2018 lodged under Section 3/4 of the PDPP Act, registered as Case Crime No. 0389 of 2018. The case was investigated and a charge-sheet dated 19.11.2018 was submitted whereupon cognizance was taken on 24.1.2019 and an application seeking discharge was moved. The Magistrate passed an order dated 06.06.2019 rejecting the discharge application and committing the case to the court of session. Thereafter, upon an appli

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