RAM PRAKASH YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Nandit Kumar Srivastava, learned Senior Counsel assisted by Ms. Aishwarya Mishra, learned counsel for the applicant and Shri Aniruddh Kumar Singh, learned A.G.A. for the State.

(2.) This application under Section 482 Cr.P.C. has been filed by the applicant for quashing the order dated 29.03.2019 passed Special Judge, P.C. Act-IVth, Lucknow Prakash Yadav in Case No.02 of 2014 (State Vs. Ram Prakash Yadav), arising out of Crime No.239 of 2013, under Section 7 and 13 (1) (d) read with Section 13 (2) of P.C. Act, 1988, Police Station Naka Hindola, District Lucknow including entire proceedings.

(3.) Learned counsel for the applicant has submitted that Assistant Government District Counsel (hereinafter referred as "AGDC") moved an application under Section 321 Cr.P.C. in Criminal Case No.02 of 2014 (supra) arising out of Case Crime No.239 of 2013 (supra) on 16.11.2018, but the same was rejected by learned Special Judge-IV, P.C. Act, Lucknow, vide order dated 29.03.2019, subjecting the applicant to illegal prosecution. Learned counsel for the applicant has further submitted that court below failed to apply the principles laid down by the Full Bench of this Hon'ble Court in the case of Withdrawal of Criminal Cases by State Government reported in 2017 (2) JIC 249 (All).