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2019 Supreme(All) 1202

KARUNA NAND BAJPAYEE
Sachin – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Applicant : Ram Babu Sharma, Ardhendu Shekhar Sharma
For the Opposite Party : G.A., Rama Shankar Mishra

JUDGMENT :

Karuna Nand Bajpayee, J.

1. This application u/s 482 Cr.P.C. has been moved seeking the quashing of impugned order dated 31.10.2018 passed by the Additional chief Judicial Magistrate, Court No.01, Bulandshahr in Criminal Case No.324 of 2018 (State vs. Sachin and others) relating to Case Crime No.473 of 2015, u/s 323, 325, 504, 506 I.P.C., Police Station-Jahangirabad, District-Bulandshahar whereby the court below on the application moved on behalf of opposite party no.2 proceeded to commit the matter to the Court of Session and directed the accused-applicant to appear personally in the court below on the date fixed so that the matter may be committed.

2. It appears that two cases which involved some commonality were pending in two different courts; one case emanated from Case Crime No.473 of 2015 while another case emanated from Case Crime No.423 of 2015. The case arising out of Case Crime No.473 of 2015 was a case pending in the court of Magistrate while another case which arose out of Case Crime No.423 of 2015 was pending in the Court of Session. The complainant of Case Crime No.473 of 2015 moved an application before the court of Magistrate whereby it was made to appear t

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