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2024 Supreme(All) 200

RAJESH SINGH CHAUHAN
Israr Ahmad – Appellant
Versus
State Of U. P. Thru. Addl. Prin. Secy. Home Deptt. Civil Sectt. Lko – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ajmal Khan,Javed Khan

JUDGMENT :

1. Heard Sri Ajmal Khan, learned counsel for the petitioner and Sri Aniruddha Kumar Singh, learned Additional Government Advocate-I for the State.

2. By means of this petition filed under Section 482 Cr.P.C., the petitioner has prayed to quash the proceeding of Criminal Case No. 2355 of 2020, State Vs. Israr Ahmad and Others, arising out of Case Crime No. 839 of 2019, under Sections 143, 188, 342 IPC, Police Station Kotwali Nagar, District Pratapgarh, pending in the court of learned Chief Judicial Magistrate, Pratapgarh as well as chargesheet dated 24.11.2019 and summoning order dated 12.02.2020.

3. The contention of learned counsel for the petitioner is that the Investigating Officer has conducted the investigation in sheer casual and cursory manner and filed the chargesheet against the petitioner under Sections 143, 188, 342 IPC. The court concerned took cognizance in a mechanical manner and has issued the summoning order without applying its judicial mind against the petitioner on 12.02.2020.

4. Learned counsel for the petitioner has stated that the cognizance of the chargesheet by the learned Chief Judicial Magistrate, Pratapgarh in the present case is violation of Secti

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