OM PRAKASH Vs. STATE OF UTTARANCHAL AND ANOTHER
HIGH COURT OF UTTARAKHAND
State of Uttaranchal and another
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(1.) By means of present application under Section 482 Cr.P.C., the applicant seeks to quash the charge sheet and entire proceedings in Criminal Case No. 1633 of 2006, captioned as State vs. Om Prakash, in relation to offence under Section 420 IPC, pending in the Court of Chief Judicial Magistrate, Nainital.
(2.) Tehsildar, Kashipur lodged a first information report against the accused-applicants on 18.01.2006, in PS Kashipur, in respect of offence punishable under Section 420 IPC. After the investigation, charge sheet against the accused-applicant in respect of the selfsame offence was submitted. Cognizance was taken on the said charge sheet and accused was summoned to face the trial for the said offence. The accused-applicant was summoned to face the trial in relation to the offence punishable under Section 420 IPC, vide order dated 28.09.2006. Aggrieved against the said order, present Application under Section 482 Cr.P.C. was moved.
(3.) The allegation against the accused-applicant is that the applicant obtained caste certificate on the wrong premise that he belonged to 'dhangar' community, which is a Schedule Caste Community. After the verification, the caste certificate given to the applicant was cancelled.
Concealing the said fact, the applicant sought admission in BTC in DIAT, Bheemtal, Nainital.;
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