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2006 Supreme(All) 1056

VINOD PRASAD
CENTRAL BUREAU OF INVESTIGATION, LUCKNOW – Appellant
Versus
ARUN KUMAR KAUSHIK – Respondent


Advocates Appeared:
Amarjeet Singh, G.S.Hajela

( 1 ) CENTRAL Bureau of Investigation has approached this Court under its inherent jurisdiction, under Section 482 Cr. P. C. , with the prayer to quash the order-dated 5-10-05 passed by the Additional Sessions Judge, ghaziabad in S. T. No. 608 of 2005, C. B. I, v. Arun Kumar Kaushik and others, under Sections 302, 307, 323 I. P. C. , p. S. C. B. I. SCB Lucknow. By the impugned order, the trial court has rejected the application 19 ka by which the public prosecutor C. B. I, wanted to cross-examine P. W. 2 s. K. Goyal without declaring him hostile under Section 162 Cr. P. C. in respect of his statement recorded under Section 161 Cr. P. C.

( 2 ) THE factual matrix of the case is that miss. Smita Bhaduri D/o Shri S. K. Bhaduri r/o Modipuram, Meerut was murdered on 14-1-2000 and in that incident one Mohit tyagi S/o Shri R. K. Tyagi received injuries. The malefactors of the said incident were the police officers Arun Kumar Kaushik (Inspector), bhagwan Sahai and Surendra kumar (Constable), all posted at P. S. Daurala, District Meerut. The deceased had died due to firearm injury whereas Mohit tyagi received injuries by physical assault. The F. I. R of the said incident, initially, was regi















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