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2023 Supreme(All) 1140

GAJENDRA KUMAR
Mahesh – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Aishwarya Pratap Singh

JUDGMENT :

1. Heard learned Counsel for the applicants and learned AGA for the State-respondents.

2. By means of the present application under Section 482 of the Criminal Procedure Code the applicants have prayed for quashing of the charge sheet dated 05.08.2022 and cognizance as well as summoning order dated 21.12.2022 in Criminal Case No. 24449 of 2022 (State vs. Mahesh and others) arising out of Case Crime No.207 of 2022, under Sections 504 and 506 IPC, Police Station Soro, District Kasganj, pending in the Court of Chief Judicial Magistrate, Kasganj.

3. The accused-applicants and the informant-opposite party no.2 have their lands beside each other. It is being alleged that the aforesaid applicants tried to illegally grab the portion of the land which belongs to opposite party no.2 inspite of the land mark fixed by the Sub Divisional Magistrate concerned demarcating the area of land belonging to the opposite party no.2. It is further alleged that when the opposite party no.2 tried to intervene and defend the aforesaid he was abused and manhandled by the applicants. In furtherance thereof, a First Information Report dated 05.06.2022 was lodged.

4. An investigation was carried out purs

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