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1985 Supreme(All) 120

M.WAHAJUDDIN
MANJOO, SRIVASTAVA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates Appeared:
C.P.MISHRA, MANJU, MOHAN, SOCHENDRA, SRIVASTAVA

M. WAHAJUDDIN, J.

( 1 ) THE applicants have come forward with a prayer that the complaint dated 5/9/1979 against the applicants be quashed as the complaint itself does not disclose any offence as regards the present applicants. I have considered the affidavit counter affidavit rejoinder affidavit and also annexures including the complaint. It would appear that the complaint has been lodged against the present applicants and two more persons namely Narbadeshwar Prasad Sinha and Kameshwar Prasad Sinha. Applicants Nos. 1 and 2 are daughters of Narbadesh far Prasad Sinha applicant No. 3 is the wife of Narbadeshwar Prasad Sinha while applicants Nos. 4 and 5 are sons of Narbadeswar Prasad Sinha. Applicant No. 6 is the nephew of Narbadeshwar Prasad Sinha. A perusal of the complaint would show that the entire allegations are directed against Narbadeshwar Prasad Sinha and Kameshwar Prasad Sinha. The acts consituting any offence have also been exclusively attributed to them. The complaint does not disclose any offence whatsoever even prima facie to have been committed by the applicants. The administration of justice and in particular, prosecution for any penal offence should not be debased i






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