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2021 Supreme(All) 119

SAROJ YADAV
Deepak Singh – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Ajai Kumar Singh, Shobhit Singh.

JUDGMENT :

SAROJ YADAV, J.

1. This petition has been filed by the petitioners praying to quash/set aside the order dated 10.05.2019 passed by learned Additional Sessions Judge, Court No. 11, Hardoi in Sessions Trial No. 47/2018 (State vs. Dharamveer Singh and Others) and Crime No. 203/17.

2. Heard learned counsel for the petitioners, learned counsel for the opposite party no. 2 and learned Additional Government Advocate appearing on behalf of the State.

3. Learned counsel for the petitioners submitted that the petitioners were named in the first information report but after investigation, the Investigating Officer found that the petitioners were not present in the Village at the time of incident and the location of the petitioner no. 1 was in Delhi and Haryana since 01.10.2017 till 15.10.2017, whereas the alleged incident took place on 12.10.2017. The petitioner no. 2 is the wife of the petitioner no. 1 and she is residing with him. Both the petitioners are residing separately since 2015, the petitioner no. 1 is doing a private job in Delhi. On the basis of the evidence collected during investigation, the Investigating Officer did not find any involvement of the petitioners in the alle

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