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2022 Supreme(All) 1902

SHREE PRAKASH SINGH
Amit Iqbal Srivastava – Appellant
Versus
State Of U. P. Thru. Secy. Home – Respondent


Advocates:
Advocate Appeared:
For the Appellant : S.K. Mishra Nagraha, Vashu Deo Mishra

JUDGMENT :

1. Heard Sri Vashu Deo Mishra, learned counsel for the applicant, Sri Anirudh Kumar Singh, learned AGA for the State and perused the record.

2. The instant application under Section 482 Cr.P.C has been instituted, for quashing of the entire proceedings of complaint Case No. 07 of 2021, under Sections 406, 504, 506 IPC, Police Station-Manikpur, District Pratapgarh as well as the summoning order dated 28.10.2021 passed by Additional Chief Judicial Magistrate, Kunda, District Pratapgarh.

3. Factual matrix of the case is that the complainant who is a managing partner of Anuna Education Pvt. Ltd, had entered into an agreement with the complainant’s “NSQF Franchisees”. As per the agreement, the complainant has accorded training to the students under the scheme namely Prime Minister Kaushal Vikas Yojana (P.M.K.V.Y.), which runs under the National Skill Development Corporation (N.S.D.C.). The complainant had served but the applicant’s company did not pay the full wages as was required to be paid as per terms and conditions of said scheme. Being aggrieved, an application under Section 156(3) Cr.P.C. was instituted before the Magistrate, wherein a date was fixed on 08.12.2020. On 8th

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