LUCKNOW BENCH
SHUBHAM PATEL AND OTHERS – Appellant
Versus
STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER – Respondent
Court No. - 14
Case :- APPLICATION U/S 482 No. - 3779 of 2023
Applicant :- Shubham Patel And Others
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And
Another
Counsel for Applicant :- Ram Prasad Rajput,Chandra Prakash Verma
Counsel for Opposite Party :- G.A.
Hon'ble Shamim Ahmed,J.
Heard Shri Ram Prasad Rajput, the learned counsel for the applicants as
well as Shri Tilak Raj Singh, the learned A.G.A. for the State and perused
the record.
The instant application has been filed by the applicant with a prayer to
quash the charge-sheet in Case No.17669/2021, Crime No. 273/2020,
under Sections 147, 148, 149, 323, 307, 384, 427, 504 I.P.C., Police
Station Para, District Lucknow and summoning order dated 22.03.2021
passed by the learned Judicial Magistrate, IInd Lucknow and also to quash
the non-bailable warrant dated 14.03.2023 passed by the court below.
The contention of the learned counsel for the applicants is that no offence
against the applicants is disclosed and the present prosecution has been
instituted with a malafide intention for the purposes of harassment.
Per contra, the learned AGA has contended that from the allegations made
in the FIR prima facie of
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