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2023 Supreme(All) 1358

ARUN KUMAR SINGH DESHWAL
Paramjeet Bhatia – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Applicant : Gaurav Kakkar.

JUDGMENT :

(Arun Kumar Singh Deshwal, J.)

1. Heard Sri Gaurav Kakkar, learned counsel for the applicant, Sri. Tulsi Mishra, learned A.G.A. for the Stat and perused the record.

2. Present application under Section 482 Cr.P.C. has been filed for quashing of the order dated 16.06.2014, passed by 1st Additional Chief Judicial Magistrate, Gautam Budh Nagar by means of which charge has been framed against the applicant under Section 507 IPC in Criminal Case No. 636 of 2013, arising out of Case Crime No. 660 of 2013, Police Station Sector-24 Noida, District-Gautam Budh Nagar, pending in the Court of learned 1st Additional Chief Judicial Magistrate, Gautam Budh Nagar.

3. Learned counsel for the applicant submits that the applicant is not named in the F.I.R., and during the investigation, his name came to light on the basis of the statement of co-accused Pawan Gujar. In which Pawan Gujar has stated that the present applicant is also involved with co-accused persons. It was also mentioned in the fard recovery and arrest memo that after the arrest, the applicant stated to police that on persuasion of co-accused Pawan Gujar he had called Dr. Vinay Bhatt through PCO to demand money. It is furthe

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