Nanhey Bhaiya @ Nanhan Singh vs State Of U. P.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 562

AJAI KUMAR SRIVASTAVA I
Nanhey Bhaiya @ Nanhan Singh – Appellant
Versus
State Of U. P. – Respondent

Advocates:
Advocate Appeared:
For the Applicant : Sanjay Singh Chauhan, Alok Kumar Singh

JUDGMENT :

1. Heard learned counsel for the applicants, Sri Alok Saran, learned A.G.A. for the State and perused the entire record.

2. In view of the order, which is proposed to be passed today, notice to opposite party No.2 is hereby dispensed with.

3. The instant application under Section 482 Cr.P.C. has been filed by the accused/ applicants praying inter alia following relief:-

"(i) To quash the impugned order dated 29.09.2022 passed in Case No. 2032/2015 arising out of Crime No.-144/1998 U/s-498A/304B IPC & 3/4 D.P. Act P.S. Behta Gokul District Hardoi and the order dated 03.02.2023 by which revision petition of the petitioners has been rejected in Criminal Revision No. 209/2022 contained here with as Annexure No.2 & 3 to this affidavit."

4. Learned counsel for the applicants has submitted that the impugned order dated 29.09.2022, whereby the learned trial court has held that the case under Section 304B I.P.C. is also made out against the present applicants, has been passed by the learned trial court in exercise of power vested in it by virtue of Section 216 Cr.P.C., which is evident from the impugned order dated 29.09.2022 itself. However, he submits that the same has been passed

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