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2024 Supreme(SC) 216

VIKRAM NATH, SATISH CHANDRA SHARMA
Anil Mishra – Appellant
Versus
State of U. P. – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Konark Tyagi, AOR
For the Respondent(s): Mr. Yasharth Kant, AOR Mrs. Anamika Agarwal, Adv. Ms. Sonal Kushwah, Adv. Mr. Rajesh Kumar, Adv. Mr. Navank Shekhar Mishra, Adv. Ms. Vimal Sinha, Adv. Mr. Aviral Kashyap, AOR

ORDER :

1. Leave granted.

2. The present appeal is arising out of order dated 06.04.2023 passed by the High Court of Judicature at Allahabad (the “High Court”) in an application under Section 482 of the Code of Criminal Procedure, 1973 (“CrPC”) bearing number 38114 of 2022, titled ‘Jitendra Mishra @ Sanjay and Ors. Vs. State of Uttar Pradesh and Anr.’ (the “Impugned Order”).

3. The facts of the case reveal that the Appellant herein lodged a First Information Report on 07.08.1999 bearing number 966 of 1999 under Section(s) 364, 147, 148, 149 & 323 of the Indian Penal Code, 1860 (“IPC”) against Respondent Nos. 2 to 4 (the “Accused Persons”) alleging inter alia that (i) the Appellant and Respondent No. 5 were beaten-up and accordingly, injured by Accused Persons who were wielding guns, rifles, revolvers and pistols; and (ii) Respondent No. 5 was further abducted by the Accused Persons (the “FIR”).

4. The matter was investigated by the police and thereafter a charge-sheet was filed against the Accused Persons qua offences under Sections 147, 148, 149, 323 and 364 of the IPC (the “Chargesheet”). Pursuant to the filing of the Chargesheet, Ld. Civil Judge, Junior Division, Tirwa, District, pr

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