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2024 Supreme(All) 719

SYED QAMAR HASAN RIZVI
Roshan Lal Alias Roshan Rajbhar – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Babu Lal Ram, Kamlesh Kumar Rajbhar
For the Opposite Party : G.A.

JUDGMENT :

Hon'ble Syed Qamar Hasan Rizvi, J.

1. Heard Sri Babu Lal Ram, learned counsel for the applicants; Sri Moti Lal, learned Additional Government Advocate appearing for the State-opposite party.

2. By means of the present Application under Section 482 Criminal Procedure Code, the Applicant has prayed for quashing of the charge-sheet dated 14.05.2022, the cognizance/summoning order dated 25.07.2022 and proceeding bearing Case No.4647 of 2023 (State versus Roshan and others) arising out of Case Crime No.81 of 2022 under Section 434 & 506 Indian Penal Code, Police Station Didarganj, District-Azamgarh pending before the Court of learned Additional Civil Judge (Judicial Division) / Judicial Magistrate, Court No.23, Azamgarh.

3. The relevant facts of the case in nutshell, which are required to be mentioned are that the opposite party No. 2 namely Smt. Vidyawati Devi lodged a First Information Report on 07.04.2022 against six persons namely Roshan (present applicant), Ratanlal, Madanlal, Hariram, Shri Chand and Janardan for the alleged offence under Section 434 and 506 Indian Penal Code, stating therein that she is the resident of Village Bangaon, Pargana Mahul, Tehsil Martinganj, Dist

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