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2013 Supreme(All) 120

RAMESH SINHA
WAHAB KHAN – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
A.P. Tewari and S.S. Tripathi for the Applicant; A.G.A. for the Opposite Party.

Ramesh Sinha, J.

Heard Sri A.P. Tewari, learned counsel for the applicant and learned A.G.A. for the State.

By means of present 482 Cr.P.C. application, the applicant has prayed for quashing of the charge-sheet dated 20.6.1998 and submitted against the applicant under Section 120B I.P.C. in Criminal Case No. 400 of 1998, State Versus Ramdeo and another arising out of Case Crime No. 96 of 1998 under Section 120-B I.P.C., police station Khorabar, District Gorakhpur as well as the proceedings in pursuance of the aforesaid charge-sheet and the orders dated 9.2.2000 and 6.5.2000 passed by the lower revisional court.

Brief facts of the case is that one Devendra Singh, who was the then M.L.C. from district Gorakhpur was assaulted by some unknown miscreants on 20th February, 1998 at about 10:00 a.m. and when the attack was made on him, his shadow died in the incident while saving him. Two of the accused persons were shot dead on the spot by the police and another accused Ramdeo, who was injured in the incident was taken into custody and later on he also died. The two accused Indrajeet and Ram Kishun managed to escape.

An F.I.R. of the incident was lodged by police constable Deena Nath Yadav as














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