JUDGMENT :

J.J. MUNIR, J.

1. This application under Section 482 of the Code of Criminal Procedure, 1973 (for short, ‘the Code’) seeks to quash the proceedings of Case No. 3558 of 2018, State v. Raghvendra Kumar Yadav (arising out of Case Crime No. 2264 of 2016), under Section 3/7 of the State Emblem of India (Prohibition of Improper Use) Act, 2005, Police Station-Khalilabad, District-Sant Kabir Nagar pending on the file of the Chief Judicial Magistrate, Sant Kabir Nagar.

2. Heard Mr. Ravindra Prakash Srivastava, learned Counsel for the applicant, Mr. Jagdev Singh, learned Counsel appearing on behalf of opposite party no. 2 and Mr. D.K. Srivastava, learned Additional Government Advocate appearing on behalf of the State.

3. A First Information Report was lodged on 12.11.2016 by one J.N. Tripathi, Sub-Inspector of Police at Police Station-Khalilabad, District-Sant Kabir Nagar, alleging in his recovery memo of a bullet motorcycle that on 12.11.2016, the informant along with Constable, Umesh Mishra, was on security duty at the Punjab National Bank, Main Branch-Khalilabad and had just reached there when he noticed a man move close to the Bank on his motorcycle, which he parked there.

4. A loo