SHIV SHANKER PRASAD
Nasir Khan – Appellant
Versus
State of U. P. – Respondent
ORDER :
(Shiv Shanker Prasad, J.)
1. Heard Mr. Satendra Narayan Singh, learned counsel for the applicant, Mr. Rakesh Kumar Mishra, learned counsel for opposite party no.2 and learned A.G.A. for the State.
2. The application under Section 482 Cr.P.C. No. 727 of 2023 has been filed on behalf of the applicant to quash the charge-sheet No. 58 of 2022 dated 10.04.2022, cognizance/ summoning order dated 14.04.2022 as well as entire proceedings of Case No. 517 of 2022 (State Vs. Nasir Khan), arising out of Case Crime No. 130 of 2021, under Sections 420, 467, 468, 471, 504, 506, 447 I.P.C., Police Station Kotwali, District Rampur, pending in the court of Additional Chief Judicial Magistrate, Court No.1, Rampur.
AND
The application under Section 482 Cr.P.C. No. 27887 of 2022 has been filed for quashing the summoning order dated 16th July, 2022 as well as the entire proceedings of Complaint Case No. 2537 of 2022 (Nihaluddin Vs. Nasir Khan & Others), under Sections 417, 452, 323 and 504 I.P.C., Police Station- Kotwali, District Rampur, pending in the court of Additional Chief Judicial Magistrate, Court No.1, Rampur.
3. Since the issue and laws on the subject are similar and identical, both the
State of Karnataka Vs. L. Muniswamy & Others
G. Sagar Suri & Another Vs. State of U.P. & Others reported in (2000) 2 SCC 636
Roy V.D. Vs. State of Kerala reported in (2000) 8 SCC 590
Inder Mohan Goswami Vs. State of Uttaranchal reported in (2007) 12 SCC 1
Paramjeet Batra Vs. State Uttarakhand reported in (2013) 11 SCC 673
Sardar Ali Khan Vs. State of Uttar Pradesh Through Principal Secretary
Kapil Agarwal Vs. Sanjay Sharma reported in (2021) 5 SCC 524
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