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2019 Supreme(All) 764

SANJAY KUMAR SINGH
Prateek Gupta – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
Mohd Rashid Siddiqui, Adv., Anoop Trivedi (Senior Adv), Adv., Ramanuj Tiwari, Adv.

JUDGMENT :

SANJAY KUMAR SINGH, J.

1. Heard Sri Anoop Trivedi, learned Senior Advocate assisted by Sri Ramanuj Tiwari and Mohd. Rashid Siddiqui, learned counsels for the applicant and Sri N.D. Rai, learned Additional Government Advocate-Ist, assisted by Sri Rabindra Kumar Singh, learned Additional Government Advocate and Sri Prashant Kumar Singh, learned Brief holder appearing on behalf of the State of U.P./opposite party no.1 and perused the record with the assistance of learned counsels for the parties.

2. This application under Section 482 Cr.P.C. has been preferred by the accused/applicant (Prateek Gupta) with a prayer to quash the order dated 6.3.2019 passed by the Chief Judicial Magistrate, Aligarh in Case No. 5471A of 2017 (State Vs. Prateek Gupta and others), under Sections 498A, 323, 504, 506, 307, 328, 427, 316 I.P.C., > Dowry Prohibition Act and Section 66 Information Technology Amendment Act, Police Station Quarshi, District Aligarh, whereby the discharge application under Section 227 Cr.P.C. moved by the applicant before the Magistrate has been rejected on the ground that same is not maintainable before the Magistrate, as the case is exclusively triable by the Court of Ses

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