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2022 Supreme(All) 12

SHAMIM AHMED
Rajesh Singh – Appellant
Versus
State Of U. P. Thru Prin Secy Deptt Home Civil Secy And Anoth – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Saharsh,Tushar Bhushan
For the Respondent: G.A.

JUDGMENT :

Shamim Ahmed, J.

1. The Court convened through video conferencing.

2. Heard Sri Tushar Bhushan, learned counsel for the applicants as well as learned A.G.A. for the State and perused the record.

3. The instant application has been filed by the applicants with a prayer to quash the summoning order dated 25.03.2021 passed by the learned Judicial Magistrate Ist, Gonda, under Sections 4, 21 of Mines and Mineral (Development and Regulation) Act, 1957 and under Section 3 (2) (a) Prevention of Damage to Public Property Act, 1984 along with the cognizance order dated 25.03.2017 taken on charge sheet dated 30.12.2017, arising out of Case Crime No. 0384 of 2017 (State Vs. Meghnath and others), Police Station, Paraspur, District Gonda.

4. Learned counsel for the applicants submits that the applicants has been falsely implicated in the present case only with ulterior motives and malafide intention. He further submits that charge sheet was filed by the Investigating Officer in a mechanical manner without considering the evidence on record and thereafter, the learned Magistrate without application of mind and in a routine manner took cognizance and passed the cognizance order on printed pr

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