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2013 Supreme(All) 881

NAHEED ARA MOONIS
YOGESH TIWARI – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
V.P. Srivastava and Paras Nath Singh-II for the Applicant; A.G.A. for the Opposite Parties.

Naheed Ara Moonis, J.

Heard Sri V.P.Srivastava, learned Senior Advocate assisted by SriP.N.Singh learned counsel for the applicant and the learned AGA and have taken through the record.

By means of the present application under Section 482 Cr.P.C. the applicants have invoked inherent jurisdiction of this Court with a prayer to quash the charge sheet dated 11.9.2012 arising out of case crime no.39 of 2012 ( now Sessions Trial No. 1877 of 2012) under Sections 420/467/468/469/471/506 IPC, P.S. Sisamau District Kanpur Nagar whereof cognizance has been taken by the learned Metropolitan Magistrate VIII. Kanpur Nagar against the applicant.

The facts emanating from the prosecution in a short conspectus is that the opposite party no.2 filed an application under section 156 ( 3) Cr.P.C. in the Court of Additional Chief Metropolitan Magistrate Ist Kanpur Nagar stating therein that the applicant and co-accused introduced themselves men of high status having approaches with high dignitaries in the irrigation department. They will get the tender of Om Hut Pump Canal Phase-II to the tune of Rs. 7368.62 lacs in favour of the complainant and demanded Rs. 75.00 lacs for greasing the palm of higher auth












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