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2021 Supreme(All) 920

SANGEETA CHANDRA
Sarvesh Kumar Tiwari – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Dinesh Kumar Singh, D.K.S. Umesh Singh.

JUDGMENT :

SANGEETA CHANDRA, J.

1. Heard learned counsel for the petitioner and learned AGA for the State.

2. This petition has been filed with the following main prayer:

    “Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to set-aside the impugned order dated 16.09.2021 and 28.10.2021 passed by IIIrd Additional District and Sessions Judge, Ambedkar Nagar in S.T. No. 186/2011 (State vs. Sarvesh Kumar Tiware), with all consequential benefits contained as Annexure No. 1 and 2 respectively to the present petition.”

3. It has been submitted by learned counsel for the petitioner that earlier a Criminal Misc. Case No. 15 of 2016 under Section 482 Cr.P.C. (Sarvesh Kumar Tiware vs. State of U.P. and Others) was filed by the petitioner challenging the charge-sheet in which this Court had been pleased to stay the proceedings in the Sessions Trial No. 186 of 2011 (State vs. Sarvesh Kumar Tiware) by its order dated 17.08.2021, which is still operative and in-force. During the pendency of the petition and the interim order therein, the trial court had issued non-bailable warrants against the petitioner on 16.09.2021 giving rise to afresh cause of action to file t

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