Court No. - 82

Case :- APPLICATION U/S 482 No. - 10636 of 2022

Applicant :- Shamim Ahmad

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

Counsel for Applicant :- Araf Khan,Sajid Razi

Counsel for Opposite Party :- G.A.

Hon'ble Brij Raj Singh,J.

Heard learned counsel for the applicant and learned A.G.A. for

the State-opposite party.

The present applicant has been filed with prayer to set aside the

impugned cognizance/summoning order dated 17.10.2006 and

order dated 26.08.2021 (only to the extent of issuance of

process u/s 82/83 Cr.P.C. against the applicant) and entire

criminal proceeding of Criminal Case No.16780 of 2006,

arising out of Case Crime No.265 of 2005, under Sections 447,

448, 504, 506 I.P.C., Police Station Kotwali, District Allahabad

with a further prayer to stay the entire proceeding of the

aforesaid case.

Learned counsel for the applicant has submitted that the F.I.R.

was lodged on 09.04.1995. The matter was investigated and

final report was submitted on 05.09.1995 and the applicant was

exonerated from the charges. However, the Magistrate took

cognizance and passed order for further investigation on

17.12.1996. In pursuance of the