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2016 Supreme(All) 1789

PRAMOD KUMAR SRIVASTAVA
KRISHNA KUMAR SONI – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Manish Tiwary, A.K. Awasthi, Anurag Bajpai and Gaurav Tripathi for the Revisionist; A.G.A., Ashok Kumar and Namit Srivastava for the Opposite Parties.

JUDGMENT :

Pramod Kumar Srivastava, J.

1. Heard Sri Manish Tiwary for revisionist, Sri Namit Srivastava for respondent no. 2, learned AGA for respondent no. 1-State and perused the records.

2. The incident relating to this matter had taken place on 20.11.2009 regarding which FIR relating to case crime no. 500/2009 dated 20.11.2009 was lodged and after investigation charge-sheet dated 8.1.2016 was filed in court. The proceeding relating to said case is continuing before the court of Judicial Magistrate.

3. Thereafter, for same incident application under section 156(3) CrPC was moved, which was allowed by Judicial Magistrate on 23.1.2010. Said order was challenged before this court through Criminal Misc. Writ Petition No. 1752/2010 (Krishna Kumar Soni and Others vs. State of U.P. and Another), by which interim order dated 10.2.2010. This court had stayed the operation of order dated 23.1.2010 passed by CJM, Chandauli. But on 13.12.2013, said writ petition no. 1752/2010 was dismissed by this court. After it, matter was investigated and charge-sheet was filed against present revisionist in court on 25.3.2014 for offences under sections 287, 337, 338, 304A IPC.

4. The trial court had taken c


























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