SURYA BHAN MISHRA @ BACHCHAN MISHRA Vs. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. & ANR.
LAWS(ALL)-2020-12-8
HIGH COURT OF ALLAHABAD
Decided on December 16,2020

Surya Bhan Mishra @ Bachchan Mishra Appellant
VERSUS
State Of U.P. Thru. Prin. Secy. Home Deptt. And Anr. Respondents

JUDGEMENT

ALOK MATHUR,J. - (1.) Heard Sri Dadu Ram Shukla, learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and Sri Indrajeet Shukla, learned counsel appearing on behalf of opposite party no. 2.
(2.) By means of present application the applicant has prayed for quashing the entire proceedings of Case No. 400 of 2020, arising out of Case Crime No. 287 of 2019, under Sections 376, 452 and 506 I.P.C. and Section 3(2)(V) of SC/ST Act, Police Station - Tarabganj, District - Gonda, pending before Special Judge, SC/ST Act, Gonda as well as the charge sheet and cognizance order dated 08.06.2020, passed by the Court below in the aforesaid case.
(3.) It has been vehemently urged by learned counsel for the applicant that the entire case is based on false and frivolous facts which are non-existent. The prosecutrix is aged around 60 years. The proceedings have been initiated maliciously and submitted that in fact the prosecutrix had taken Rs.40,000/- from the father of the applicant as consideration for sale of a parcel of land, and when she was asked to either execute the sale deed or to refund the money, she has lodged the first information report against the applicant.;


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