SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2016 Supreme(All) 3255

SUDHIR KUMAR SAXENA
Vipul Shah – Appellant
Versus
State of U. P. Thru. Prin. Secy. (Home), Civil Sectt. – Respondent


Advocates Appeared:
For the Applicant :- Kapil Misra, Advocate.
For the Opposite Party :- A.P. Singh, Govt. Advocate.

JUDGMENT

Sudhir Kumar Saxena, J. –

This petition has been filed under Section 482 of Cr.P.C. challenging the charge-sheet dated 09.06.2015 and cognizance order dated 11.03.2016 passed by Chief Judicial Magistrate, Lucknow in Case Crime No. 246 of 2011, summoning petitioner under Sections 420/304 I.P.C.

2. Heard Sri Jyotindra Mishra, learned Senior Counsel assisted by Sri Kamlesh Mishra, learned counsel for petitioner as well as Sri. Sudhir Srivistava (complainant), in person.

3. It appears that petitioner had approached this Court by means of Writ Petition No. 8186 of 2011(MB) seeking quashment of the F.I.R. Division Bench of this Court while dismissing the said writ petition on 25.08.2011 observed that F.I.R. does disclose a cognisable offence and permitted petitioner to surrender before the courts below and move the application for bail which was to be considered expeditiously.

4. Matter was taken to Apex Court by means of S.L.P. no. 7122 of 2011 in which initially an interim order was passed but said S.L.P. was dismissed vide order dated 24.02.2016 which is being reproduced below :

“It is submitted at the Bar that the charge-sheet has already been filed in the matter, therefore, it
























































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top