K.N.Sinha, J. - (1.) Heard leaned counsel for the applicant and learned A.G.A.
(2.) The present application under Section 482 Cr.P.C has been filed for quashing the charge sheet of case crime No. 256 of 2002 and staying the proceedings in Special Trial No. 549 of 2003, pending before the court of Special Judge (Gangster Act), Varanasi.
(3.) The brief facts, giving rise to this application, are that one Deen Dayal, who was inimical with the applicant, lodged a report under Sections 302/201 I.P.C., which was registered as case crime No. 100 of 2002 at Police Station Chaubeypur, District Varanasi in which the applicant was not named as accused. The said Deen Dayal lodged another report against applicant Mahendra Patel as case Crime No. 179 of 2002 at police station Chaubeypur, under Sections 504 and 506 I.P.C. on 18.5.2002 and then again on 23.8.2002, under Sections 504 and 506 I.P.C., Police Station Shivpur, District Varanasi. The total cases shown against applicant Mahendra Patel are above three cases. On the strength of said cases the police implicated him in the Gangster Act. The learned A.G.A filed counter affidavit on the ground that Deen Dayal complainant has no enmity and the name of the applicant came into light during the investigation. The State has denied the enmity of Deen Dayal with the applicant.;