JEETENDRA TYAGI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

(2.) This application under Sec. 482 Cr.P.C. has been filed by the applicants for quashing the impugned charge sheet dtd. 14/12/2020 as well as the summoning order dtd. 18/12/2020 passed by the Court of learned Additional Civil Judge, (SD) Court No.1, Moradabad, in criminal case no.16564 of 2020, arising out of case crime no.248 of 2020, State vs. Sachin Gupta and others, under Ss. 420, 406, 409 I.P.C., Police Station Mundapandey, District Moradabad.

(3.) Learned counsel for the applicant has submitted that the charge-sheet has been filed without there being any evidence whatsoever against him. He has further submitted that since there is no evidence whatsoever in support of the evidence neither there is any material to frame the charge against the accused nor the proceeding can fruitfully be continued against him. His further submission is that the order of taking cognizance has been passed without due application of judicial mind. It has further been submitted by learned counsel for the applicant that pendency of the instant criminal proceedings against the applicant is nothing but an abuse of the process of Court and, therefore, the impugned criminal proceedings be quashed.