Court No. - 49

Case :- APPLICATION U/S 482 No. - 40516 of 2014

Applicant :- Rahul Tiwari

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

Counsel for Applicant :- Dhirendra Kuamr Srivastav

Counsel for Opposite Party :- Govt. Advocate

Hon'ble Vivek Agarwal,J.

1. Sri Kshitij Tiwari, learned counsel for the applicant and Sri

Nagendra Srivastava, learned AGA for the State.

2. This Application U/S 482 Cr.P.C. has been filed seeking

quashing of the impugned charge-sheet No.44/13 dated

05.03.2013 as well as entire Criminal Case No.1688 of 2013,

Case Crime No.412 of 2012, under Section 41 Cr.P.C. and

Section 411/414 IPC, Police Station-Mughalsarai, District-

Chandauli.

3. As per office report, service is not complete. Service cannot

be accepted through any Head-constable or constable in the

Office of an individual. There is recovery. Allegations of mala

fides are not substantiated. It may be a defense available to the

applicant, which may be raised during the trial at an appropriate

stage, but as recovery has been made from the present applicant

also, there is no justification for quashing of the proceedings in

the light of the decision of Supreme Court in case of State of

Haryana a