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2019 Supreme(All) 2362

SUDHIR AGARWAL
Baleshwar Tiwari – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Appellant : S.S. Upadhyaya, Manish Kumar Pandey and I.S. Tripathi

JUDGMENT :

Sudhir Agarwal, J.

1. Heard Sri Manish Kumar Pandey, Advocate, holding brief of Sri IS. Tripathi, learned Counsel for applicants and learned A.G.A. for State of U.P.

2. Applicants have invoked jurisdiction of this Court under section 482 of Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C.") with a prayer to quash charge-sheet No. 276 of 2002 dated 25.8.2002 as well as further proceedings arising out of Case Crime No. C-23 of 1999, under sections 193, 195, 197, 420, 471/34, 109 IPC, Police Station Kotwali, District Ghazipur.

3. Learned Counsel for applicants contended that Magistrate has taken cognizance of the application filed by one Israil son of Asagar Ali under section 156(3) Cr.P.C. and vide order dated 6.7.1999 directed Police to register FIR and investigate the matter in accordance with law. Thereafter, charge-sheet has been submitted against applicant. It is said that it is barred by section 195 Cr.P.C. and also placed reliance on Apex Court's decision in Randhir Singh v. State of Haryana and another AIR 2000 SC 544.

4. Before this Court applicant has come up at the stage of submission of charge-sheet by Police before Magistrate concerned. I have

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