PAWAN KUMAR SAINI Vs. STATE OF U P AND ANOTHER
LAWS(ALL)-2016-2-404
HIGH COURT OF ALLAHABAD
Decided on February 04,2016

Pawan Kumar Saini Appellant
VERSUS
State Of U P And Another Respondents

JUDGEMENT

- (1.) Heard learned counsel for the applicant and learned A.G.A. for the State.
(2.) This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Complaint Case No. 9892/09 - 2010 (Bhopal Singh Saini Vs. Pawan Kumar Saini) under Sections 420 I.P.C., P.S. Naimandi pending in the Court of Additional Chief Judicial Magistrate, Court No. 3, Muzaffar Nagar District Muzaffar Nagar as well as the order dated 9.5.2014 rejecting the Discharge Application under Section 245 (2) Cr.P.C. and order dated 23.11.2015 passed in Crl. Revision No. 193 of 2014 (Pawan Kumar Saini Vs. Bhopal Saini). Further prayer has been made to stay the further proceedings of the aforesaid case.
(3.) Submission of the learned counsel for the applicant is that despite specific direction of this Court passed in the Criminal Misc. Writ Petition No. 3075 of 2015 on 4.2.2015, Revisional Court did not consider the merit of the revision and illegally rejected the application under Section 245(2) Cr.P.C. Offence under Section 420 is not made out. This fact was not discussed at all despite the question raised by the applicant. It was further argued that no criminal offence is made out from the contents of the complaint against the applicant.;


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