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2020 Supreme(All) 730

RAHUL CHATURVEDI
Brijesh Kumar – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Nipun Singh, Upendra Kumar

JUDGMENT :

1. Heard Sri Nipun Singh, learned counsel for the applicants, learned A.G.A. for the State and perused the record.

2. The problematic and fluid question of law, involved in the present criminal application is, as to whether evidence/material of impeccable and sterling quality, if, left unattended during the investigation by the investigator or by the prosecutor, could they be produced by the accused while seeking 'DISCHARGE' and court can take judicial notice of those facts/documents material ?

3. After appreciating the gravity of this legal question involved, this Court is of the view to decide this application at the threshold/admission stage with the aid and help of learned counsel for the rival parties and learned A.G.A and perused the records/materials of the case.

4. The prayer sought in the instant 482 Cr.P.C application while invoking the extraordinary jurisdiction of this Court is, to quash the order dated 31.01.2020 passed by the learned Additional Sessions Judge, Court No.3, Mainpuri in S.T. No.216 of 2018 (State Vs. Brijesh Kumar and others) relating to case crime no.107 of 2018 under section 304 IPC, Police Station-Bewar, District-Mainpuri whereby learned Additi

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