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2024 Supreme(All) 343

SHAMIM AHMED
Mohd. Rashid Khan – Appellant
Versus
State Of U. P. Thru. Addl. Chief Secy. Deptt. Home Lko. – Respondent


Advocates Appeared:
For the Appellant : Chandan Srivastava, Rajneesh Kumar Singh, Yogesh Somvanshi

JUDGMENT :

1. Heard learned counsel for the parties.

2. The instant application under Section 482 Cr.P.C. has been filed on behalf of the applicant, namely, Mohd. Rashid Khan with a prayer to quash the impugned charge sheet dated 20.11.2017 alongwith impugned cognizance/summoning order dated 26.02.2019 passed by learned Additional Chief Judicial Magistrate-Ist, Faizabad in Case No.551 of 2019 (State Vs. Mohd. Rashid Khan), arising out of Case Crime No.0395 of 2017, under Sections 171 H and 188 of I.P.C., Police Station Cantt., District Faizabad as well as to quash the entire criminal proceedings in pursuance thereof.

3. Learned counsel for the applicant submitted that the applicant was contesting on the post of Councilor in Urban Local Bodies Election, 2017. During that period on 17.11.2017, an F.I.R. was lodged by the opposite party no.2, namely, Sub Inspector Sri Avnish Kumar Chauhan, the then Chowki In-charge Sahadatganj, Police Station Cantt., District Ayodhya/Faizabad against the applicant alleging therein that one poster was put on a pole situated in front of house of Ashok Jaiswal. Further allegation in the F.I.R. was that the applicant was a candidate from Ward No.21 i.e. Sard

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