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2021 Supreme(All) 1180

ANIL KUMAR OJHA
Sher Ali – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Applicant : A. Kumar Srivastava, Anand Kumar Upadhyay, Husnaara Khatoon.
For the Opposite Party : G.A.

JUDGMENT :

1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

2. This Application U/s 482 Cr.P.C. has been filed with a prayer to quash the entire criminal proceeding of Special S.T. No.187 of 2020 U/s 323, 504 and 506 I.P.C. and Section 3(1)(D), Dha SC/ST Act, P.S. Naini, District Prayagraj pending before learned Special Judge SC/ST Act, Allahabad (Prayagraj) arising out of Case Crime No. 0223 of 2020 U/s 323, 504, 506 I.P.C. and Section 3(1)(D), Dha SC/ST Act, P.S. Naini, District Prayagraj alongwith charge-sheet dated 09.07.2020 submitted by the police against the applicant for the offence as well as cognizance order dated 2.12.2020 passed by learned Special Judge SC/ST Act, Allahabad (Prayagraj).

3. In Girish Kumar Suneja v. CBI, (2017) 14 SCC 809, three Judge Bench of Hon'ble Apex Court has made following observations in para nos. 21, 22 and 23:

    "21. The concept of an intermediate order was further elucidated in Madhu Limaye v. State of Maharashtra by contradistinguishing a final order and an interlocutory order. This decision lays down the principle that an intermediate order is one which is interlocutory in nature but when reversed,

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