PARAMJEET BHATIA Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Gaurav Kakkar, learned counsel for the applicant, Sri. Tulsi Mishra, learned A.G.A. for the Stat and perused the record.

(2.) Present application under Sec. 482 Cr.P.C. has been filed for quashing of the order dtd. 16/6/2014, passed by 1st Additional Chief Judicial Magistrate, Gautam Budh Nagar by means of which charge has been framed against the applicant under Sec. 507 IPC in Criminal Case No. 636 of 2013, arising out of Case Crime No. 660 of 2013, Police Station Sector-24 Noida, District-Gautam Budh Nagar, pending in the Court of learned 1st Additional Chief Judicial Magistrate, Gautam Budh Nagar.

(3.) Learned counsel for the applicant submits that the applicant is not named in the F.I.R., and during the investigation, his name came to light on the basis of the statement of co-accused Pawan Gujar. In which Pawan Gujar has stated that the present applicant is also involved with co-accused persons. It was also mentioned in the fard recovery and arrest memo that after the arrest, the applicant stated to police that on persuasion of co-accused Pawan Gujar he had called Dr. Vinay Bhatt through PCO to demand money. It is further submitted that there was no recovery from the applicant, and there is no evidence which shows that in any manner, the applicant had sent any letter or any other communication to intimidate the victim. It is lastly submitted by learned counsel for the applicant even if the entire allegations in the statement of co-accused persons are taken as true on its face value, even then, no case under Sec. 503 or 507 IPC is made out.