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2023 Supreme(All) 771

SIDDHARTH
Ajit Kumar Gupta – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Applicant : Ashutosh Sharma.
For the Opposite Party : G.A., Rahul Mishra, Sanjay Mishra.

JUDGMENT :

1. This application under Section 482 Cr.P.C. has been filed praying for quashing of the supplementary charge-sheet dated 28.8.2016 and summoning order dated 28.9.2016 in Case Crime No. 203 of 2014, under Sections 420, 467, 468, 471 IPC, Police Station Juhi and District Kanpur Nagar alongwith entire proceedings of the case.

2. An FIR was lodged by opposite party no.2 on 02.6.2014 before police station alleging that she is living in U.S.A. for last 11 years. The applicant, Ajit Kumar Gupta and co-accused, Narendra Kumar Singh and Kanhaiya Gupta, have occupied her house situated in Anandpuri, Transport Nagar, Kanpur, with the help of gangsters. It was further alleged that accused persons have fabricated documents to justify their illegal occupation. Her mother never signed any document in their favour and her signatures have been digitally created. The aforesaid FIR was registered after a letter was sent to the Chief Minister of the State by the opposite party no.2 from United State of America.

3. Learned counsel for the applicant submits that after investigation charge-sheet no. 38/16 dated 27.5.2016 was submitted by the police only against co-accused, Narendra Kumar Singh a

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