Vikas Kunvar Srivastav, J. - (1.) The application in hand is moved under section 482 of Criminal procedure code, 1973 by learned counsel Sri Dhananjai Kumar Tripathi on behalf of applicant accused involved in case crime no 1312 of 2017 registered under Section 354(Ka)(Ga) I.P.C. and Section 3(1)(xi) of SC/ST Act (which shall hereinafter be addressed as SC/ST Act), Police Station Risia District- Bahraich. The applicant seeks following reliefs, praying to:- "WHEREFORE, it is most humbly prayed that this Hon'ble Court may kindly be pleased to quash the impugned charge sheet (Police Report) bearing No.63 of 2017, dated 02.11.2017, vide case crime No.1312 of 2017, under Section - 354(Ka)(Ga) IPC and Section 3(1)(xi) at Police Station Risia, District Bahraich and the order of cognizance and summoning order dated 24.11.2017 as well as non bailable warrant dated 05.07.2018, passed by learned Special Judge SC/ST Act, Bahraich, in Special Criminal Case No.261 of 2017. In Re:- "State Versus Mithun Kumar" and further proceedings of the case in pursuance thereof, in the ends of justice."
(2.) The grounds upon which the relief to quash the charge-sheet as pleaded in the application are- (i) That petitioner is quite innocent, he has committed no offence as alleged in the impugned first information report and he has been falsely implicated in the alleged offence by the complainant/opposite party no.2 due to enmity. (ii) That no offence under Section - 354(Ka)(Ga) I.P.C. and Section 3(1)(xi) SC/ST is made out against the applicant. (iii) applicant is a law abiding and peace loving person. (iv) no summon whatsoever has ever been served upon the petitioner till date.
(3.) Heard the learned counsel for the applicant and the Learned A.G.A. appearing on behalf of the state opposite parties. Perused the materials available on record.;