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2023 Supreme(All) 69

ANJANI KUMAR MISHRA, GAJENDRA KUMAR
Nafisa – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Ajatshatru Pandey.
For the Respondents: Kamlesh Kumar Tiwari, Manoj Kumar Srivastava.

JUDGMENT :

GAJENDRA KUMAR, J.

1. At the very outset, learned counsel for the petitioners states that he does not propose to file any rejoinder affidavit in response to the counter affidavit filed by the respondents.

2. Heard Sri Ajatshatru Pandey, learned counsel for the petitioners and learned counsel for the State-respondents.

3. The instant petition has been filed on behalf of the petitioners with a prayer to quash the FIR dated 07.08.2022 giving rise to Case Crime No. 0582 of 2022, under Sections 384, 420, 195, 506, 120-B, 211 IPC, Police Station-Cantt. District-Gorakhpur as well as not to arrest the petitioners in pursuance of the impugned FIR.

4. Prosecution story in brief is as follows:

    Petitioner no. 1 (Nafisa) is leading a Gang as “Nafisa Gang” and in her team, there are five other members (co-accused) namely, Bindrawati (petitioner no. 2), Soni (named accused in the impugned FIR), Aarti (petitioner no. 3), Indrawati (petitioner no. 4) and Tara Chauhan (petitioner no. 5) are the Members of the said Gang and the aforesaid gang is being guided/protected by co-accused, namely, Madhav Tiwari, Advocate (named accused in the impugned FIR). It has further been alleged that aforesaid Ga

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