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2021 Supreme(SC) 664

INDIRA BANERJEE, J. K. MAHESHWARI
RANDHEER SINGH – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Chandra Prakash, Mr. Vivek Singh, Mr. C.P. Rajwar, Adv.
For the Respondent: Ms. Deepeika Kalia, Mr. Shubham Jaiswal, Ms. Alka Sinha, Mr. Anuvrat Sharma, Mr. Sanjeev Agarwal, Mr. Ekansh Agarwal, Adv.

JUDGMENT :

Indira Banerjee, J.

Leave granted.

2. This appeal is against a judgment and order dated 15th December, 2020 passed by the High Court of Judicature at Allahabad dismissing the application of the Appellant under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the ‘Cr.P.C.’).

3. As recorded in the judgment and order impugned, the application under Section 482 of the Cr.P.C. had been filed for quashing of proceedings in Crime Case No.5973/2020 (State v. Rajan Kumar) under Sections 420, 467, 468 and 471 of the Indian Penal Code (hereinafter referred to as the ‘I.P.C.’), Police Station Shahpur, District Gorakhpur pending in the Court of the Additional Chief Judicial Magistrate, IIIrd District Gorakhpur and also to quash the charge sheet dated 18th January, 2020 and summoning order dated 26th June, 2020. The High Court has, in detail, recorded the arguments of the applicants which are very briefly summarised hereinbelow :

    (i) The case lodged was false and baseless;

    (ii) Charge-Sheet had been submitted without proper investigation and evidence;

    (iii) No prima facie case was disclosed against the applicants.

4. It is the case of the Appellant that one Arjun Dev

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