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2022 Supreme(UK) 305

ALOK KUMAR VERMA
Manoj Kumar Gangwar – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Mr. Ganesh Kandpal, learned counsel
For the Respondent:Mr. S.T. Bharadwaj, learned Deputy Advocate General

JUDGMENT :

Alok Kumar Verma, J.

The applicant-accused, namely, Manoj Kumar Gangwar has invoked the inherent jurisdiction of this High Court under Section 482 of the Code of Criminal Procedure, 1973 to quash the impugned charge-sheet, the impugned cognizance/summoning order dated 06.08.2020 and the entire proceedings of Criminal Case No. 05 of 2020, “State vs. Manoj Gangwar”, pending before the Judicial Magistrate, Dhari, District Nainital.

2. Subsequent to submission of the charge-sheet, the learned trial court took the cognizance and passed the summoning order under Sections 354A, 354D, 323 and 452 of IPC against the present applicant.

3. Heard Mr. Ganesh Kandpal, the learned counsel for the applicant and Mr. S.T. Bharadwaj, the learned Deputy Advocate General for the State.

4. According to the allegations of the First Information Report, the present applicant assaulted the informant/victim and followed the victim repeatedly despite a clear indication of disinterest by her.

5. During the trial, the informant/victim has been examined as PW1.

6. The learned counsel appearing for the applicant submitted that all the allegations of the FIR are false; there were love relations between the inf

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