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2023 Supreme(All) 140

SHREE PRAKASH SINGH
Sidhique Kappan – Appellant
Versus
State of U. P. Thru. Prin. Secy. Home Lko. – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Ishan Baghel, Mohd. Khalid.

JUDGMENT :

1. Heard Sri I.B. Singh, learned Senior Advocate assisted by Sri Ishan Baghel, learned counsel for the applicant, Sri Anirudh Kumar Singh, learned A.G.A.-I for the State.

2. Instant application under section 482Cr.P.C. has been filed with a prayer to quash the order dated 19-12-2022 passed by the learned Special Judge, NIA/ATS/Additional District & Sessions Judge-5, Lucknow in Sessions Case No. 2219 of 2021, arising out of FIR No. 199 of 2020, Police Station-Mant, District-Mathura, under sections 153-A,295A,120-B I.P.C. and sections 17,18, of U.P.P.A. Act, 1967 & sections 65 & 72 of the I.T. Act, 2008. It has further been prayed to direct the learned Special Judge, NIA/ATS/Additional District & Sessions Judge-5, Lucknow to decide the Discharge Application dated 19-12-2022 of the applicant on merit, after affording opportunity of hearing.

3. The factual matrix of the case in brief is that the applicant is a Journalist and was working for AZHIMUKHAM. COM. and when he was travelling to Hathras to cover the incident of "Hathras Gangrape" for reporting, he was arrested and detained under sections 107,116 and 151 of Cr.P.C. on 05-10-2020 and was produced before the SDM Court at M

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