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2021 Supreme(Online)(UK) 6

Alok Kumar Verma, J
Girish Chandra Binwal – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Amish Tewari
For the Respondents: Mr. T.C. Agarwal

The applicant-accused Girish Chandra Binwal has invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure , 1973 (hereinafter referred to as, “the Code”), to quash the charge-sheet dated 29.05.2020, filed in Criminal Case No.576 of 2020, “State Vs. Girish Chandra Binwal and others”, and cognizance order dated 20.11.2020, passed by the learned Chief Judicial Magistrate, Almora, along with entire proceedings, pending before the Court of the Chief Judicial Magistrate, Almora.

2. Facts, to the limited extent necessary, are that in the scholarship scam, in compliance of the order dated 05.07.2019, passed by this High Court in Writ Petition (PIL) No.33 of 2019, Mr. Naveen Chandra, Sub-Inspector, was appointed as a member of the Special Investigation Team (SIT). After enquiry, he lodged the FIR on 27.12.2019 against the present applicant and one co- accused. After completion of the investigation, the charge- sheet has been filed. Subsequent to the submissions of the charge-sheet, the learned Chief Judicial Magistrate, Almora took the cognizance under Sections 409, 420 and 120-B of IPC against the present applicant and passed the summoning order o

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