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2022 Supreme(All) 489

RAJESH SINGH CHAUHAN
Ramesh Yadav – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Anupam Mehrotra, Anil Kumar Yadav.
For the Respondents: Akash Prasad, Amitav Singh.

JUDGMENT :

RAJESH SINGH CHAUHAN, J.

1. Heard Sri Anupam Mehrotra, learned counsel for the applicant and Sri Anurag Verma, learned AGA-I for the State as well as Sri H.G.S. Parihar, learned Senior Advocate, assisted by Sri Akash Prasad and Sri Amitav Singh, learned counsel for opposite party no. 6/complainant.

2. This petition/application under Section 482 Cr.P.C. has been filed challenging the orders of cognizance and commitment of the case to the Court of Session dated 10.01.2020 (Annexure No. 1 and 2); police report/charge-sheet no. 01/2020 dated 25.12.2019 (Annexure No. 3) and further proceedings thereto. As an interim prayer, further proceedings of Sessions Trial No. 11 of 2020, order of cognizance as well as commitment order dated 10.01.2020 and the trial of the present case have been prayed to be stayed during pendency of the present petition.

3. Sri Anupam Mehrotra has assailed the aforesaid orders saying that the impugned police report/charge sheet no. 01 of 2020 dated 25.12.2019 (Annexure No. 3) was filed on the basis of incomplete investigation in Case Crime No. 366 of 2019 lodged at Police Station Harchandpur, Raebareli (under Sections 147, 148, 149, 323, 302, 201, 120-B & 2

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