GYAN PRAKASH SHARMA Vs. STATE OF U.P.

JUDGEMENT

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

(2.) This application has been filed for quashing the impugned charge sheet dated 28.09.2018 as well as cognizance order and entire proceedings of the Case No.7911 of 2018 arising out of Case Crime No.528 of 2018, under Sections 406 and 506 IPC, Police Station Loni, District Ghaziabad pending before the Additional Chief Judicial Magistrate Ist, District Ghaziabad.

(3.) It has been argued by the learned counsel for the applicant that F.I.R. of impugned case was filed making false and baseless allegations and the impugned order was passed in mechanical manner. Learned counsel submitted that the matter is purely of civil nature but the Investigating Officer did not collect relevant evidence and the charge sheet was filed in a casual manner. It was submitted that opposite party No.2 can institute suit for specific performance, but prima facie no offence is made out against the applicant.