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2022 Supreme(UK) 352

ALOK KUMAR VERMA
Harish Kapri – Appellant
Versus
State of Uttarakhand – Respondent


Advocates Appeared:
For the Applicant : Mr. Amit Kapri, learned counsel.
For the State :Mr. S.S. Adhikari, learned Deputy Advocate General assisted by Mr. B.S. Thind, learned Brief Holder.

JUDGMENT :

The applicant-accused Harish Kapri has invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 to quash the charge-sheet and the entire proceedings of Criminal Case No. 352 of 2022, “State vs. Shubham Kapri and Another”, pending before the Court of the Chief Judicial Magistrate, Pithoragarh.

2. After completion of the investigation, chargesheet was filed. The trial court took cognizance and passed the summoning order under Sections 307, 504 and 506 of I.P.C. against the present applicant.

3. Heard Mr. Amit Kapri, the learned counsel for the applicant and Mr. S.S. Adhikari, the learned Deputy Advocate General assisted by Mr. B.S. Thind, the learned Brief Holder for the State.

4. The learned counsel for the applicant-accused submitted that the applicant has been falsely implicated. According to the medical report, there were simple injuries on the head of the alleged victim and according to the Doctor, the said injuries were caused by hard and blunt object, and, at the time of medical examination, it was found that the alleged victim had consumed alcohol and was intoxicated. The learned counsel for the applicant further submitt

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