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1 - 7 of 7 (0.19 seconds)The Prevention Of Damage To Public Property Act, 1984
Section 441 in The Indian Penal Code, 1860 [Entire Act]
Section 2 in The Prevention Of Damage To Public Property Act, 1984 [Entire Act]
Section 3 in The Prevention Of Damage To Public Property Act, 1984 [Entire Act]
State Of West Bengal vs Rakesh Singh @ Rakesh Kumar Singh on 11 July, 2022
2. By means of the present application, applicant has sought quashing of the entire proceeding of Criminal Case no. 2971 of 2022 (State vs. Rakesh) arising out of Case Crime no. 124 of 2022 under sections 447 IPC and 2/3 Prevention of Damage to Public Property Act, PS- Samthar, District Jhansi including charge sheet dated 21.08.2022 as well as cognizance/summoning order dated 20.12.2022 passed by learned Judicial Magistrate, Moth, District Jhansi.
Munshi Lal And Another vs State Of U.P. And Another on 6 August, 2020
9. From perusal of the records, it transpires that present case is squarely covered with the judgment of co-ordinate Bench of this Court passed in Munshi Lal (supra) and as such the criminal proceedings initiated against the applicant pursuant to Section 447 IPC and section 2/3 of Prevention of Damage to Public Property Act, 1984, cannot but be said to be an abuse of the process of law or the Court. The cognizance/summoning order dated 20.12.2022 has been passed in complete ignorance of law. The continuation of criminal proceedings, in the considered opinion of the Court, being an abuse of process of the Court, ends of the justice requires that the said proceedings be quashed.
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