YASHPAL GHAI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This criminal miscellaneous application under Section 482 of Cr.PC has been filed for quashing the order dated 06.06.2017 passed by the Judicial Magistrate, Rudrapur, District Udham Singh Nagar along with the entire proceedings of Criminal Case No.4402 of 2011 (New No.1358 of 2013), "State Vs. Yashpal Ghai and others", under Sections 147, 341, 332, 353, 504, 506, 436, 511 IPC and Section 7 of Criminal Law Amendment Act pending before Judicial Magistrate 2nd, Rudrapur, District-Udham Singh Nagar.

(3.) Factual matrix of the case is that as per the information given by the S.H.O.-Shri M.S. Negi an FIR was lodged on 27.02.2010, under Sections 147, 341, 332, 353, 504, 506, 436, 511 IPC and Section 7 of Criminal Law Amendment Act pending at Police Station-Rudrapur, District Udham Singh Nagar. After investigation the charge sheet was submitted. Accordingly, cognizance was taken on 20.12.2011. After submission of the charge sheet an application under Section 321 Cr.P.C. was moved by the APO on behalf of the State for withdrawing the case.