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2023 Supreme(All) 1176

GAJENDRA KUMAR
Ramnarayan Pandey – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Applicant : Shailendra Kumar Tripathi.

Judgement Key Points

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JUDGMENT :

1. Heard learned counsel for the applicants and learned AGA for the State.

2. The present application under Section 482 Cr.P.C. has been filed seeking to quash the charge sheet dated 05.12.2022 as well as the cognizance/summoning order dated 10.02.2023 passed by C.J.M., Farrukhabad and also the entire proceedings of Case No.580 of 2023 (State vs. Ramnarayan Pandey and Others), arising out of Case Crime No.235 of 2022, under Section 427 IPC and Section 3(1) of the Prevention of Damage to Public Property Act, Police Station Rajepur, District Farrukhabad pending before the Chief Judicial Magistrate, Farrukhabad.

3. The records of the case indicate that the criminal proceedings were initiated pursuant to an FIR dated 11.10.2022 lodged against the applicants, which was registered as Case Crime No.0235 of 2022, under Section 427 IPC and Section 3(1) of the Prevention of Damage to Public Property Act, Police Station Rajepur, District Farrukhabad. The case was investigated and a charge sheet dated 05.12.2022 was placed whereupon cognizance was taken by the Magistrate on 10.02.2023 and the case was registered as Case No.580 of 2023.

4. The principal ground, which has been sought

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