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2023 Supreme(All) 791

SUBHASH VIDYARTHI
Safdar Raja Khan – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Ramakar Shukla, Abhinav Singh.

JUDGMENT :

SUBHASH VIDYARTHI, J.

1. Heard Mr. Ramakar Shukla, learned counsel for the applicant as well as learned A.G.A. and perused the record.

2. By means of the present application under Section 482 Cr.P.C. the applicant has sought for quashing of the impugned charge sheet dated 06.03.1999 and summoning order dated 16.03.1999 in Case Crime No. 681F/1994, under Sections 147, 336, 504 & 506 IPC registered at Police Station Kotwali Nagar, District Sultanpur including the entire criminal proceedings pending before the Court of learned Special Judge, MP/MLA Court, Sultanpur, on the ground that the applicant has been implicated falsely.

3. Learned A.G.A. has opposed the aforesaid prayer and has submitted that while exercising the jurisdiction under Section 482 Cr.P.C., this Court cannot go into the correctness of the allegations made against the applicant and has only to examine whether on the basis of the allegations made and material collected during investigation, the offences are made out against the applicant or not.

4. The Hon'ble Supreme Court in the case State of Haryana vs. Bhajan Lal, 1992 SCC (Cr.) 426 has laid down certain guidelines for exercise of jurisdiction under Section

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