DINESH KUMAR SINGH
Abbas Ansari – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Sri Anil Tiwari, learned Senior Advocate, assisted Sri Upendra Upadhyay, learned counsel for the petitioners and Sri M.C. Chaturvedi, learned Additional Advocate General assisted Sri Ratnendu Kumar Singh, learned AGA for the State.
2. The present petition under Section 482 Cr.P.C. has been filed seeking quashing of the charge sheet dated 11.5.2022 under Sections 171-F, 506, 186, 189 and 153-A and 120-B IPC in pursuance to the FIR dated 3.3.2022 registered at Crime No.97 of 2002, initially registered under Sections 506 and 171-F IPC at Police Station Kotwali Mau, District Mau. Further prayer has been made for quashing of the order of cognizance and summoning dated 23.5.2022 passed by the Special Judge (MP/MLA Court)/Additional Chief Judicial Magistrate, Mau in Criminal Case No.9720 of 2022.
3. The FIR in question came to be registered after petitioner no.1 made a statement in a public meeting during his election campaign for Member of Legislative Assembly from Mau Sadar Constituency. Petitioner No.1 was contesting the said elicitation on the ticket of Suheldev Bhartiya Samaj Party in March, 2022. The offending part of the statement made by petitioner no.1 would read
Amish Devgan Vs. Union of India and others; (2021) 1 SCC 1; and
Aman Kumar v. State of Haryana
Balwant Singh v. State of Punjab [(1995) 3 SCC 214 : 1995 SCC (Cri) 432]
Bilal Ahmed Kaloo Vs. State of A.P.; (1997) 7 SCC 431;
Manzar Sayeed Khan Vs. State of Maharashtra and another; (2007) 5 SCC 1;
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