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2016 Supreme(All) 1113

VIJAY LAKSHMI
SALAHUDDIN – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Ravindra Prakash Srivastava for the Applicants; G.A. for the Opposite Parties.

Hon'ble Mrs. Vijay Lakshmi,J.


Heard learned counsel for the applicants and learned AGA for the State.

This is an application under Section 482 Cr.P.C. for quashing the charge sheet dated 28.11.2014 as well as entire criminal proceedings of case no. 1702 of 2015, State Vs. Salahuddin and others, arising out of N.C.R. No. 143 of 2014, under Sections 323, 504, 506 I.P.C., P.S. Dudhara, District Sant Kabir Nagar, pending in the Court of Civil Judge (Senior Division), Sant Kabir Nagar.

The facts relevant for disposal of this application are that on 11.7.2014, the opposite party no. 2 lodged a report against the applicants, which was registered as N.C.R. No. 143 of 2014, under Section 323, 504, 506 I.P.C. After investigation, the I.O. submitted charge sheet against the applicants under Sections 323, 504, 506 I.P.C and the Judicial Magistrate, Sant Kabir Nagar, took cognizance on the said charge sheet.


The aforesaid order of taking cognizance has been challenged by the applicants before this Court in the present application under Section 482 Cr.P.C. on the ground that all the offences being non-cognizable and bailable, the case was to be dealt with in accordance with the provisions of secti











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