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2023 Supreme(SC) 550

S. RAVINDRA BHAT, DIPANKAR DATTA
Ramesh Chandra Vaishya – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates appeared:
For the Petitioner(s): Ms. Vanshaja Shukla, AOR
For the Respondent(s): Mr. Ardhendhumauli Kumar Prasad, A.A.G. Mr. Adarsh Upadhyay, AOR Ms. Sherya Srivastava, Adv. Mr. Ashish Madaan, Adv. Mr. Aman Pathak, Adv. Ms. Pallavi Kumari, Adv. Ms. Ananya Sahu, Adv. Mr. Divyanshu Sahay, Adv. Mr. Ajay Marwah, AOR Mr. Sanjay Shukla, Adv. Mr. Adhitya Srinivasan,, Adv. Mr. Karan Thakur, Adv. Mr. Rishabh Kanojiya, Adv.

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JUDGMENT :

DIPANKAR DATTA, J.

Leave granted.

2. The present appeal, by special leave, questions the judgment and order dated 23rd May, 2022 passed by a learned Single Judge of the High Court of Judicature at Allahabad (“High Court”, hereafter) dismissing an application under section 482 of the Code of Criminal Procedure, 19731[Application u/s 482 No. 38374 of 2018] (“Cr. PC”, hereafter) instituted by the appellant seeking quashing of the charge-sheet as well as the pending criminal proceedings2[Case Crime No. 23 of 2016; Criminal Case No. 376 of 2016].

3. In a nutshell, the prosecution's case is that on 14th January, 2016, at about 7.00 am, the appellant was engaged in an altercation with the second respondent (“complainant”, hereafter) over the issue of drainage of water. It is alleged that during this altercation, the appellant verbally hurled caste related abuses towards the complainant and his family members, and subsequently physically assaulted the complainant causing him multiple injuries. Consequently, on 20th January, 2016, a First Information Report (“first F.I.R”, hereafter) was registered against the appellant under sections 323 and 504, Indian Penal Code, 1860 (“IPC”, here


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