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ALLAHABAD HIGH COURT
MOHD. ASLAM
RAJESH PATEL – Appellant
Versus
State – Respondent


Court No. - 88

Case :- APPLICATION U/S 482 No. - 28276 of 2021

Applicant :- Rajesh Patel

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

Counsel for Applicant :- Saksham Srivastava

Counsel for Opposite Party :- G.A.

Hon'ble Mohd. Aslam,J.

Heard Shri Saksham Srivastava, learned counsel for the

applicant as well as Shri S.N. Mishra, learned A.G.A. for the

State.

The instant application is moved under Section 482 Cr.P.C. for

quashing the entire proceedings of Sessions Case No. 541 of

2021 (State of U.P. vs. Rajesh Patel and others), arising out of

Case Crime No. 51 of 2021, under Sections 323, 504, 506 I.P.C.

and Section 3(2)(5A) of SC/ST (PA) Act, 1989, Police Station-

Shahganj, District- Sonbhadra, pending in the court of Special

Judge, SC/ST Act, Sonbhadra as well as charge-sheet dated

27.09.2021 and cognizance order dated 09.11.2021.

It is contended by learned counsel for the applicant that the

instant case has been filed on the basis of false and concocted

story and no case against the applicant is made out. Therefore,

the proceedings are liable to be quashed.

Per contra, learned A.G.A. has opposed the application and

stated that in this case charge-sheet has been filed under

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