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2019 Supreme(All) 1704

SUDHIR AGARWAL
Onkar Singh – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Advocate Appeared:
Arun Prakash, Adv., Vikram D. Chauhan, Adv., Dinesh Pathak, Adv.

JUDGMENT :

Sudhir Agarwal, J.

This is an application under Section 482 Cr.P.C. filed by two applicants, namely, Prof. Onkar Singh and P.N. Pathak, praying for quashing of orders dated 26.02.1998 and 02.07.1998, rejecting application of applicants for discharge in Case No. 1277 of 1995, under Section 147, 323, 325 and 426 IPC, Police Station Lanka, Varanasi.

2. At the outset it may be placed on record that Applicant-2, P.N. Pathak son of Sri Kuber Pathak, has died on 03.03.2014, as per report submitted by Chief Judicial Magistrate, Varanasi vide letter dated 05.12.2016 after making inquiry as per this Court's circular dated 18.01.2017. Hence this application has abated qua Applicant-2 and is now surviving only in respect of Applicant-1.

3. Facts, in brief, giving rise to this application are that a First Information Report (hereinafter referred to as "FIR") being Case Crime No. 226 of 1992 under Section 147, 323, 426 IPC was filed in Police Station Lanka, Sadar, Varanasi, on 17.08.1992 by one Atul Mishra son of Sri Laxmi Narayan Mishra against applicants alleging that in the morning on 17.08.1992, when L.L.B. First Year examination was going on in Multipurpose Hall of Kashi Hindu Univer

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