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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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