- (1.) This application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings of the charge sheet dated 31.8.2015 including the summoning order dated 23.1.2016 in case no. 3024 of 2016 (State Vs. Bhagwati) arising out of case crime no. 94 of 2015, under Section 420 IPC, P. S. Sector 39, Noida, district Gautam Budh Nagar pending in the court of Chief Judicial Magistrate, Gautam Budh Nagar. Further prayer has been made to stay the proceedings of the aforesaid case.
(2.) Heard learned counsel for the applicant and learned A.G.A. Submission of learned counsel for the applicant is that the applicant is the true owner of the plot in question. Offence under Section 420 IPC is not attracted in the present matter. The applicant is an old aged lady. Essential ingredients to constitute the offence under Section 420 IPC are not available in the present matter. Earlier arrest of the applicant was stayed by this Court. Charge sheet was filed on the basis of insufficient evidence. Applicant is recorded tenure holder of the plot in question as is clear from annexure no. -6. She was unaware about the acquisition proceedings. Thus the F.I.R. was lodged with malafide intention. Proceedings of the aforesaid criminal case is an abuse of the process of law.
(3.) Learned A.G.A. opposed the submissions made by the learned counsel for the applicant.;