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2021 Supreme(All) 555

SHAMIM AHMED
Surendra Kumar – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Shashi Kumar Mishra

JUDGMENT :

1. Heard learned counsel for the applicants through video conferencing, learned AGA for the State and perused the record.

2. This application under Section 482 Cr.P.C. has been filed for quashing of the criminal proceedings in pursuance of the charge-sheet dated 19.03.2020 as well as cognizance order dated 08.05.2020 passed by learned Additional Chief Judicial Magistrate-I, Mainpuri in Case No. 2212 of 2020 (State Vs. Surendra Kumar) arising out of Case Crime No. 086 of 2020, under Sections 323, 504, 506 I.P.C., Police Station-Kuraoli, District-Mainpuri, pending in the Court of learned Additional Chief Judicial Magistrate-I, Mainpuri.

3. Learned counsel for the applicants submit that on 12.03.2020 respondent no.2 lodged an F.I.R. against the applicants for an incident alleged to have taken place on 11.03.2020 which was registered as case crime no.0086/2020, under Sections 452, 323, 504, 506 I.P.C., Police Station Kuraoli, District Mainpuri.

4. As per the prosecution version of the F.I.R, on 11.03.2020 at about 7:30 p.m., when wife of the informant was cooking food, Surendra Kumar and Sonpal son of Nekram, Sanju son of Vijaypal and Vijaypal son of Sardar Singh of the same vil

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