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2022 Supreme(All) 1662

BRIJ RAJ SINGH
Pramod Kumar Shahi @ Mantoo Shahi – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Sudhir Kumar Tripathi.

JUDGMENT :

1. Heard Sri Sudhir Kumar Tripathi, learned counsel for the applicants, learned AGA for the State and perused the record.

2. This application under Section 482 Cr.P.C. has been filed for quashing of the entire proceedings of Special Trial No. 582 of 2020, Case Crime No. 59 of 2019, under Sections 323, 504, 506 I.P.C. and Section 3(1)(r) and 3(1)(s) of S.C./S.T. Act, Police Station-Ahirauli Bazar, District-Kushinagar, pending in the court of Additional Sessions Judge/Special Judge (S.C.)/(S.T.) Act, Kushinagar (State Vs. Pramod Kumar Shahi and Others) as well as summoning order dated 05.12.2020 passed by the aforesaid court in respect of the aforesaid case, with a further prayer to stay the further proceedings of the aforesaid case.

3. Learned counsel for applicants submitted that the entire prosecution story is false and applicants have been falsely implicated in the present case. He further submitted that impugned charge sheet dated 16.09.2020 and cognizance taken on 05.12.2020 by the court below on the printed proforma, is without application of mind and the same is not sustainable in the eyes of law. He further submitted that the same controversy has been settled by this

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