Neeraj Tiwari, J. - (1.) Heard Sri Mukhtar Alam, learned counsel for the applicant, Sri Narsingh Pandey, learned counsel for the opposite party no.2 and learned A.G.A. for the State.
(2.) The present application under section 482 Cr.P.C. has been filed for quashing charge sheet dated 27.08.2005 and the entire proceeding of Criminal Case No.668 of 2006 (State Vs. Nirmal & Others), under Sections 306, 506 IPC, Police Station- Najibabad, District- Bijnor and including the order of cognizance dated 03.05.2006.
(3.) Learned counsel for the applicant submitted that frivolous FIR has been lodged on 17.05.2005 by the opposite party no.2 against the three persons, namely, Sardar Nirmal Singh, Dr. Ram Gopal & Pradeep Kumar-applicant and in the FIR and there is no direct allegation against the applicant. Ultimately trial was concluded with regard to co-accused Sardar Nirmal Singh and Ram Gopal and they have been acquitted by the Court below vide orders dated 30.7.2012 & 1.7.2009 and both the prosecution witnesses were declared hostile. In their statement recorded before the trial Court, both the witnesses have clearly stated that they have not seen that his father has taken loan from the Sardar Nirmal Singh & applicant and on the basis of information received from nearby persons, they have mentioned the name of applicant along with other co-accused.;