Court No. - 83

Case :- APPLICATION U/S 482 No. - 5322 of 2022

Applicant :- Shekh Nafis Ahmad

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Shashi Kant Shukla

Counsel for Opposite Party :- G.A.,Ram Kishore

Pandey

Hon'ble Rajendra Kumar-IV,J.

Heard Sri Shashi Kant Shukla, learned counsel for

the applicant, Sri Ram Kishore Pandey, learned

counsel for the opposite party no. 2, learned A.G.A.

for the State and perused the material available on

record.

The present application under Section 482 Cr.P.C.

has been filed by applicant for quashing the entire

proceeding of Case No. 13424 of 2021 arising out

of Case Crime no. 0707 of 2021, under Sections

420, 406, 506 I.P.C., Police Station Kotwali Nagar,

District Banda as well as charge sheet dated

04.12.2021 and cognizance order dated

23.12.2021 passed by Chief Judicial Magistrate,

Banda.

Learned counsel for the applicant submits that the

applicant is innocent and has been falsely

implicated in the present case. He has committed

no offence. He further submitted that learned

lower court has passed the cognizance order

without application of mind which is not

sustainable in