Chandra Prakash Tiwari Vs State of U.P. and Another

Court No. - 42

Case :- APPLICATION U/S 482 No. - 4141 of 2021

Applicant :- Chandra Prakash Tiwari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar Dubey,Abhinav Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Rohit Ranjan Agarwal,J.

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Heard Sri Anil Kumar Dubey, learned counsel for the applicant and learned A.G.A. for the State.

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The present application under Section 482 Cr.P.C. has been filed for quashing the entire criminal proceeding of Criminal Case No. 878 of 2020 (State vs. Munawar and others) arising out of Case Crime No. 0053 of 2020, under Sections 147, 148, 149, 323, 504, 506, 452 I.P.C. and Section 7 of C.L.A. Act, Police Station- Mehnazpur, District- Azamgarh as well as impugned charge-sheet dated 13.08.2020 submitted against the applicant, pending in the court of Additional Civil Judge (J.D.)/ Additional Chief Judicial Magistrate, Court No. 16, Azamgarh.

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Learned counsel for the applicant submitted that as the brother of the applicant who is a journalist had disclosed certain irregularities which were committed by opposite party no. 2 thus he has falsely implicated the applicant along with other coaccused.

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Learned A.G.A. while opposing the application submitted that police after investigation has submitted charge-sheet and court below had taken cognizance in the matter thus this application is not maintainable.

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Having heard learned counsel for the parties and after perusal of the record, I find that once the investigation is over and police had submitted charge-sheet and court below had taken cognizance in the matter, no interference of this Court is required, the applicant may surrender before the court below and apply for regular bail.

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The application is misconceived and is hereby dismissed.

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Order Date :- 29.6.2021 V.S.Singh

Chandra Prakash Tiwari v. State of U.P. and Another

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Chandra Prakash Tiwari v. State of U.P. and Another

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