LAWS(ALL)-2023-1-124

ARVINDRA KUMAR Vs. STATE OF U. P.

Decided On January 28, 2023
Arvindra Kumar Appellant
V/S
STATE OF U. P. Respondents

JUDGEMENT

(1.) Heard learned counsel for the applicants and learned A.G.A. for the State.

(2.) The present 482 Cr.P.C. application has been filed to quash the charge sheet No. 36 of 2020 dtd. 1/11/2020 and Cognizance order dtd. 6/4/2021, as well as the entire proceedings of Case No. 7201 of 2021 (State Vs. Ratnesh Kumar and others), arising out of Case Crime No. 0020 of 2020, under Ss. - 419, 420, 476, 478, 471, I.P.C., Police Station - Bithauli, District - Etawah, pending in the court of Upper Civil Judge (J.D.), Court No. 4/Judicial Magistrate, Etawah.

(3.) Submission is, the chargesheet was submitted under Ss. - 419, 420, 467, 468, 471, I.P.C. Without any material or basis, the learned court below has erred, amongst others in taking cognizance under Sec. 476 and 478 I.P.C. Also, it has been submitted the FIR allegations emerged in haste and on the basis of online verification sought to be made. No physical verification was made during investigation to establish that the applicant had relied on as forged and fabricated document.