GAYYUR Vs. STATE OF U.P

JUDGEMENT

(1.) Heard Sri Pawan Singh Pundir, learned counsel for the applicant and Sri Manish Goyal, learned Additional Advocate General assisted by Sri Rajesh Mishra and Sri Abhijeet Mukharjee, learned A.G.A. for the State.

(2.) The present application under Sec. 482 Cr.P.C. has been filed to quash the impugned charge sheet dtd. 26/8/2020 as well as order dtd. 7/7/2021 in Case No. 3131 of 2021 arising out of Case Crime No 106 of 2000, under Ss. 121, 121-A, 122 and 123 I.P.C., Police Station- Kandhala, District- Shamli, pending in the Court of Judicial Magistrate, Shamli at Kairana with a further prayer to stay the proceedings of the aforesaid case.

(3.) Brief facts of the case are that Station Officer, J.K. Tomar lodged an F.I.R. against two persons in Case No. 106 of 2020, under Ss. 121, 121-A, 122 and 123 I.P.C., Police Station Kauthala, District Muzaffarnagar with averment that accused have waged war against government and hatched conspiracy against the country. It is further mentioned that they were living in India without passport. The applicant was not named in the F.I.R. The charge sheet was filed on 18/5/2000 against applicant and two co-accused and cognizance was taken on 9/6/2000. The applicant was acquitted in Sessions Trial No. 820 of 2000 vide order dtd. 18/5/2007 passed by the Additional District and Sessions Judge, Court No. 7, District Muzaffarnagar.