AJAY RAI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant and Sri P.C. Srivastava, learned Additional Advocate General for the State and perused the record.

(2.) This application u/s 482 Cr.P.C. has been preferred for quashing of entire proceedings, including charge-sheet dtd. 10/5/2018 and summoning order dtd. 22/11/2018, of Criminal Case No. 5982 of 2018, (State of U.P. vs. Ajay Rai and others), arising out of Case Crime No. 190 of 2017, under Ss. 188 IPC, P.S. Chetganj, District Varanasi, pending in the Court of Special Chief Judicial Magistrate, Varanasi.

(3.) Learned counsel for the applicant submitted that no case is made out against the applicant-accused and the impugned proceedings are barred by law. As per first information report, on the intervening night of 30/6/2017/1/7/2017 the applicant-accused, along with 50-60 unknown persons, made sloganeering against G.S.T. bill, whereas the proclamation under Sec. 144 Cr.P.C. was in force. The first information report was registered for offence under Sec. 188 IPC. After investigation, charge sheet was submitted under Sec. 188 IPC and the court took cognizance by impugned summoning order.