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2010 Supreme(All) 3244

YOGENDRA KUMAR SANGAL
Chiddu @ Wahid Khan and others – Appellant
Versus
State of U. P. and another – Respondent


Advocates:
Counsel for the Petitioners:Manish Bajpai and M.Rakesh., Counsel for the Respondents: Avadhesh Kumar, A.G.A.

Yogendra Kumar Sangal, J. -

This is an application under Section 482, Cr. P.C. to quash the order dated 29.11.1996, passed by the learned Magistrate as contained in Annexure-4 and the order dated 21.1.2004, passed by learned revisional court as contained in Annexure-5 and also every proceedings arising out of these orders.

2. Heard learned counsel for the petitioners and learned Additional Government Advocate for the State and perused the record. No one appeared on behalf of the respondent No. 2, although a counter-afffidavit on behalf of respondent No. 2 is available on the record and no rejoinder-affidavit has been filed by the petitioners against the same.

Matter was listed for hearing after publication of the notice in the cause list dated 28.8.2010 classified as in the list of cases likely to be In fructuous. Name of the counsel for the respondent No. 2 Sri Awdhesh Kumar is printed in the list, but as earlier said, no one appeared on his behalf.

3. Undisputed facts are that on 11.10.1993 in front of the house of the respondent No. 2 in the morning an occurrence has taken place and both the parties of the case had given different versions that how the occurrence has taken place. A








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