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2010 Supreme(All) 2994

BALA KRISHNA NARAYANA
GHANSYAM DUBEY @ LITILE – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Ajay Kumar Shukla for the Applicants; A.G.A. for the Opposite Parties.

JUDGMENT

Hon’ble Bala Krishna Narayana, J.—Heard learned counsel for the applicant and learned AGA for the State.

This is an application under Section 482 Cr.P.C. for quashing the charge-sheet in case No. 1850 of 2009, under Sections 323, 504 and 506 I.P.C., P.S. Sujanganj, District Jaunpur arising out of N.C.R. No. 65 of 2009 (State v. Ghanshyam and others) pending in the Court of J.M. IInd Jaunpur.

2. The facts relevant for disposal of this application are that on 10.6.2009, the opposite party lodged a report against the applicants which was registered as N.C.R. No. 65 of 2009, under Section 323, 504 and 506 I.P.C. Thereafter opposite party No. 2 moved an application under Section 155(2) Cr.P.C. before the Judicial Magistrate IInd Jaunpur for investigating the N.C.R. No. 65 of 2009. The Judicial Magistrate, IInd, Jaunpur vide order dated 17.6.2009 directed the concerned police station to investigate the matter. After investigation, I.O. submitted a charge-sheet against the applicant and three other persons dated 5.7.2009, under Sectios 323, 504 and 506 I.P.C copy whereof is filed as Annexure 4 to the application and on that charge-sheet the Judicial Magistrate IInd, Jaunpur has ta





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