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