Mukesh Kumar Saraswat vs State Of U.P. And Another
2021 Latest Caselaw 2080 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 77
 

 
Case :- APPLICATION U/S 482 No. - 12879 of 2020
 

 
Applicant :- Mukesh Kumar Saraswat
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Bharat Singh
 
Counsel for Opposite Party :- G.A.,Darwari Lal
 

 
Hon'ble Pankaj Bhatia,J.

This Court vide its order dated 6.1.2021 passed in Application U/s 482 No. 13075 of 2020 (Sonu @ Gyanendra Saraswat Vs. State of U.P. and another) had quashed the charge-sheet dated 28.12.2018 as well as the cognizance order dated 18.3.2020 in respect of one Sonu @ Gyanendra Saraswat. The present applicant is also similarly situated and has been charge-sheeted in the same charge-sheet and has been summoned by the same order.

This Court while passing the said judgment dated 6.1.2021 had held that the FIR lodged and the proceedings continued against the applicant therein were an abuse of process of law and mala fide in nature.

In view of the said judgment, the proceedings of S.S.T. No. 749 of 2020 (State Vs. Sonu Saraswat and others) pending in the Court of Special Judge, SC/ST Act, Badaun arising out of Case Crime No. 0371 of 2019, under Sections 323, 504 IPC and Section 3(2) 5A of SC/ST Act, P.S. Alapur, District Badaun, charge-sheet dated 28.12.2018 and cognizance order dated 18.3.2020, are also quashed in respect of the present applicant.

The application is disposed off.

Order Date :- 4.2.2021

S. Rahman