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2022 Supreme(All) 574

SANJAY KUMAR SINGH
Vinod – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : :- Pawan Kumar
For the Respondent: G.A.,Arun Kumar Tripathi

JUDGMENT :

Sanjay Kumar Singh, J.

1. Heard Mr. Pawan Kumar, learned counsel for the applicants, Mr. Arun Kumar Tripathi, learned counsel for the complainant/opposite party no.2 and learned A.G.A. for the State.

2. By means of this application under Section 482 Cr.P.C., the applicants have made a prayer for quashing the impugned charge-sheet dated 4.6.2020 and summoning order dated 16.9.2020 in Criminal Case No. 3297 of 2020 arising out of Case Crime No. 106 of 2020 (State Vs. Vinod & Others) under Sections 323, 504, 506, 325, 308 I.P.C. pending in the Court of Chief Judicial Magistrate, Maharajganj.

3. At the out-set on the matter being taken up, learned counsel for the complainant / opposite party no. 2 raises preliminary objection that the applicants have not come with clean hands before this Court as the averment made in paragraph no.2 of the affidavit filed in support of this application "that this is the first application on behalf of the applicants before this Court" is totally incorrect and false. In support of his submission, he pointed out that earlier the applicants had preferred an application under Section 482 Cr.P.C. No. 1982 of 2021 through Mr. Sumit Kumar Srivastava, adv

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