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2021 Supreme(UK) 166

N.S.DHANIK
Hemant Dwivedi – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Rakesh Thapliyal, learned Senior Counsel assisted by Mr. Pankaj Chaturvedi, adv
For the Respondent: Mrs. Mamta Joshi, adv

JUDGMENT :

The present criminal misc. application under Section 482 Cr.P.C. has been filed by the applicant seeking the following reliefs:

    (i) Quash the charge-sheet No. 15 of 2018 dated 22.12.2018 pursuant to FIR No. 06 of 2018 for the offences cognizable under Section 420, 447, 504 & 506 IPC.

(ii) Quash the cognizance order dated 19.02.2019 passed by learned Chief Judicial Magistrate, Nainital in Criminal Case No. 361 of 2019, “State v. Hemant Dwivedi” pursuant to FIR No. 06 of 2018 for the offences cognizable under Section 420, 447, 504 & 506 IPC, as well as the entire proceeding of the said criminal case.

2. Brief facts of the case are that, respondent no. 3 lodged an FIR against the accused applicant on 04.03.2018, alleging offence under Sections 420, 447, 504 & 506 IPC against the accused applicant. Accused applicant challenged the said FIR by filing Criminal Writ Petition No. 448 of 2018.

3. Since during the pendency of the said writ petition charge-sheet was submitted against the petitioner, this Court dismissed the said writ petition as infructuous vide order dated 07.01.2019. The main ground of challenge raised in the said writ petition was that it was an actually land disput

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