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2020 Supreme(All) 4

MANISH MATHUR
Omkeshwar Nath Verma – Appellant
Versus
State of U. P. Thru Secy Home Lucknow – Respondent


Advocates Appeared:
For the Applicant : Atul Mehra

JUDGMENT :

1. Heard Shri Atul Mehra, learned counsel for the applicants, learned A.G.A. for the State and examined the record.

2. The present application under Section 482 Cr.P.C. has been preferred by the applicants for quashing the charge-sheet dated 26.05.1995, order dated 17.1.2007 passed by Additional Chief Judicial Magistrate, Court No.2, Allahabad by which the learned court below rejected the discharge application moved by the applicants in Criminal Case No.294 of 2004 registered under Sections 41/411 I.P.C. at Police Station Daraganj, District Allahabad and the revisional order dated 07.10.2008 passed by Additional Sessions Judge/Fast Track Court, by which the revision was dismissed on the ground that against the interlocutory order revision is not maintainable.

3. The brief facts of the case are that on 02.06.1994, the police had intercepted the applicants' Maruti Car No. U.P.-82A-0144 at Shastri Bridge Chungi at Allahabad and after the search, 151 kg. of Silver, 4.5 kg. silver ornaments and Rs.2,73,000/- cash were recovered from the possession of the applicants. On the very same day i.e. on 02.06.1994, an FIR has been lodged at P.S. Daraganj, District Allahabad under Section

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