NIYAZ AHMAD KHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) By means of this application under Sec. 482 of the Code of Criminal Procedure, the applicant has invoked the inherent jurisdiction of this Court for quashing the charge-sheet dtd. 27/1/2020 arising out of Case Crime No. 296 of 2019, cognizance/summoning order dtd. 22/7/2020 and proceedings of Criminal Case No. 2887 of 2020 (State Vs. Niyaz Ahmad Khan), under Sec. 67 Information Technology (Amendment) Act, 2008 and Sec. 500 IPC, Police Station Mehndawal, District Sant Kabir Nagar pending in the court of Additional Chief Judicial Magistrate, Sant Kabir Nagar.

(2.) Heard Mr. Jitendra Kumar Srivastava, learned counsel for the applicant, Mr. Manish Goyal, learned Senior Advocate/Additional Advocate General, assisted by Mr. Rabindra Kumar Singh, learned Additional Government Advocate and Mr. Prashant Kumar Singh, learned Brief Holder, for the State of U.P/opposite party no.1 and perused the record.

(3.) A succinct recapitulation of the facts of the case are that on 28/11/2019, opposite party no. 2, namely, Awadesh Pandey (Senior Sub Inspector), has lodged a first information report against the applicant-Niyaz Ahmad Khan and two others, namely, Anil Sharma and Akhilesh Yadav Samarthak, which has been registered as Case Crime No. 0296 of 2019, under Sec. 67 Information Technology (Amendment) Act, 2008 and Sec. 500 IPC at Police Station Mehndawal, District Sant Kabir Nagar. The contents of the first information report, which are in Hindi, are also reproduced as under:-