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2010 Supreme(All) 3027

RAJ MANI CHAUHAN
Radheyshyam Pandey – Appellant
Versus
State of U. P. – Respondent


Hon'ble Raj Mani Chauhan, J.

1. Heard learned counsel for the petitioners and Sri Rajendra Kumar Dwivedi, learned Additional Government Advocate for the State as well as perused the documents available on record.

2. This petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the 'Code') has been filed by the accused-petitioners for quashing the impugned charge-sheet dated 10.5.2010 filed by the Investigating Officer in case Crime No. 623 of 2009, under Sections 326/302/506 IPC, P.S. Jaisinghpur, District Sultanpur as well as the impugned summoning order dated 16.7.2010 passed by the learned Chief Judicial Magistrate, Court No. 16, Sultanpur in the criminal case arising out of the aforesaid charge-sheet.

3. In this petition, the following two questions are involved for consideration before this Court:

(I)Whether the impugned charge-sheet filed by the Investigating Officer against the accused-petitioners is liable to be quashed?

(II)Whether the proceeding of criminal case pending against the accused-petitioners before the Chief Judicial Magistrate, Sultanpur arising out of the aforesaid charge sheet is liable to be stayed?

4. With the consent of lear





















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