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2014 Supreme(All) 1109

ARVIND KUMAR TRIPATHI
RAJ KUMAR ADALKHA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
V.P. Srivastava and H.C. Mishra for the Applicants; A.G.A. for the Opposite Parties.

JUDGMENT

Hon’ble Arvind Kumar Tripathi, J.—Heard Shri V.P.Srivastava, learned senior counsel assisted by Shri H.C.Mishra,learned counsel for the applicants, learned AGA for the State and perused the record.

This Crl. Misc. application under Section 482 Cr.P.C. has been filed with the prayer to quash the proceeding of the Complaint Case No. 4206 of 2011 under Sections 420, 467, 468, 471, 120-B, 323, 504, 506 I.P.C. and further prayer is to stay the proceeding of aforesaid case.

2. Learned counsel for the applicant submitted that after taking cognizance and recording the statement under Section 200/202 Cr.P.C. the Magistrate concerned was required to proceed with the complaint and if prima facie offence was disclosed, then the summon might be issued and if prima facie no offence was disclosed, then the complaint was to be rejected under Section 203 Cr.P.C. However, after taking cognizance as complainant case and after inquiry, the Magistrate concerned directed the civil police for investigation of the matter by impugned order dated 15.1.2004. After the complaint is filed either the Magistrate concerned would get the matter enquired or might pass order for investigation by the Police,
































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