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2023 Supreme(All) 617

MANISH KUMAR NIGAM
Sanesh Thakur – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Applicant : Harish Kumar Yadav, Suved Kumar Sharma.
For the Opposite Party : G.A., Vinod Kumar Yadav.

JUDGMENT :

The brief facts of the case are that :

1. F.I.R. under Sections 385, 323, 504, 506 IPC was registered on 13.8.2015 at P.S.-Civil Lines, District-Moradabad against the applicants who are four in number. After conducting the investigation, the Police has submitted charge-sheet No.286 of 2015 dated 14.9.2015 under Sections 385, 323, 504, 506 IPC against all the applicants. On 18.2.2016, Chief Judicial Magistrate, Moradabad has taken cognizance under Sections 385, 323, 504, 506 IPC and summoned the accused applicants. Copy of the order is at page 30 of the paper book and Criminal Case No.1146 of 2016 (State Vs. Sanesh Thakur and others) was registered.

2. The present application under Section 482 Cr.P.C. has been filed by the accused applicants challenging the order of cognizance dated 18.2.2016 as well as the entire proceedings of Criminal Case No.1146 of 2016 (State of U.P. Vs. Sanesh Thakur and others) pending before the Additional Chief Judicial Magistrate, Court No.2, Moradabad. Apart from other grounds taken in the application, the Counsel for the applicant submitted that opposite party no.2 namely Asheesh Agrawal who was the informant, moved an application before the cou

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