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2021 Supreme(All) 10

RAVI NATH TILHARI
Anmol Singh – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Hari Prakash Singh.

JUDGMENT :

RAVI NATH TILHARI, J.

1. Heard Shri Hari Prakash Singh, learned counsel for the applicant and learned A.G.A. appearing for the State and perused the material brought on record.

2. This application/petition under Section 482 Code of Criminal Procedure (Cr.P.C.) has been filed challenging the order dated 17.07.2020, passed by learned Chief Judicial Magistrate, Court No. 11, Janupur in Criminal Misc. Application No. 180 of 2020 (Anmol Singh vs. Krishan Kumar Singh and Others) under Section 156(3) Cr.P.C. Police Station-Sarai Khwaja, District-Jaunpur, whereby the said application has been registered as a complaint case.

3. Considering the nature of the order under challenge; the pre-cognizance stage of the case at which the proposed accused have no right of hearing, that keeping this application pending would serve no fruitful purpose which would delay the proceedings of the criminal case as well as the order proposed to be passed, the notice to the private respondents is dispensed with.

4. Briefly stated the facts of the case as per the application/petition are that on 05.05.2020 at about 8.30 a.m. the accused opposite party nos. 2 to 4 forcibly entered in the house of the appli

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