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2019 Supreme(All) 349

SAURABH SHYAM SHAMSHERY
Pankaj Sharma – Appellant
Versus
State of UP – Respondent


Advocates Appeared:
Manish Tiwary, Adv., Ashwini Kumar Awasthi, Adv., Mayank Yadav, Adv.

JUDGMENT :

SAURABH SHYAM SHAMSHERY, J.

1. Applicants by way of instant application has sought to invoke powers of this Court under Section 482 Cr.P.C. and prayed to quash the order dated 19.1.2019 in Complaint Case No.16864 of 2009, (Dhruv Bhardwaj Vs. Vinay Gaur & Ors) under Sections 323, 324, 307, 504 and 506 I.P.C., Police Station-Kavi Nagar, District-Ghaziabad passed by the Chief Judicial Magistrate, Ghaziabad, whereby the application filed by the opposite no.2 has been partly allowed and it has been directed that the applicants shall also be tried under section 307 I.P.C. and accordingly applicants have been summoned under Section 307 I.P.C.

2. Factual matrix of the present case is as follows:

(a) Opposite Party No.2 lodged a F.I.R. No.780 at Police Station Kavinagar, District-Ghaziabad on 11.8.2008 against the applicants under sections 323, 324, 504 and 506 I.P.C. alleging that:

^^fnukad 2-8-08 dks le; djhc lqcg 9-30 cts eSa vkSj esjk HkkbZ mes'k viuh eksVj lkbfdy cqyV Mh,y&,l,l,Dl 4388 ls ?kj ls dpgjh vk jgs Fks tc ge nksuks djhc 10-15 ij lqcg xzhu gkml fofYMax jktuxj lsDVj 3 dh lkeus okyh jksM ij igqaps rks fou; xkSM iq= Jh Mh0ds0 xkSM] vfHk"ksd mQZ fjUdw xkSM iq= Jh fot; xkSM

































































































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