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1998 Supreme(All) 709

S.K.PHAUJDAR
RAJESHWAR – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
S.P.SINGH, SANJAY KUMAR SINGH

S. K. PHAUDAR. J.

( 1 ) THE present application under Section 482. Cr. P. C. has been filed by the applicants with a prayer to quash an order dated 10-61998 passed by the Chief Judicial Magistrate; Robertsganj. District Sonebhadra in Criminal Case No. 4 of 1994, which emerged out of case. Crime No. 306 of 1993 under Sections 467/468/471/420, I. P. C. , P. S. Chopan, District Sonebhadra. The impugned order indicates that in the aforementioned case, after investigation, a final report was submitted but the court had refused to act upon the final report. The court rather perused the statements under Section 161, Cr. P. C. anti had directed further investigation. Therefore a report was submitted that investigation was complete but arrest of the accused persons was awaited. These accused persons were, however, not traceable despite attempts to arrest them in the recorded address. Accordingly, on the prayer of the Investigating Officer, the court had directed issuance of process under Section 82, Cr. P. C. against the accused persons and this part of the order has aggrieved the present applicants.

( 2 ) THREE points were raised at the time of arguments by the learned counsel for the appl





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