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2011 Supreme(All) 120

RAJ MANI CHAUHAN
Surendra Bahadur Singh – Appellant
Versus
State of U. P. – Respondent


Hon'ble Raj Mani Chauhan,J.

1. This petition has been filed by the accused-petitioners for invoking its inherent power under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'Code) for quashing the proceeding of complaint Case No. 10 of 2007 filed by the opposite party No.3-complainant against them in the court of learned Special Judge (Anti Corruption), Gorakhpur as well as for quashing the orders dated 10.5.2007 and 16.5.2007, passed by learned Special Judge (Anti-Corruption), Gorakhpur whereby he has taken cognizance of the offences on the complaint of the complainant and directed the Superintendent of Police, Vigilance, Lucknow to conduct inquiry in the matter.

2. From a perusal of the record, it appears that the learned Special Judge (Anti-Corruption), Gorakhpur, vide order dated 10.5.2007, had entertained the impugned complaint filed by the opposite party no.3. He took cognizance of the offences and recorded the statement of the complainant under Section 200 of the Code and thereafter fixed 16.5.2007 for recording the statement of witnesses under Section 202 of the Code. The learned Special Judge, vide order dated 16.5.2007, instead of making inquiry























































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