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2023 Supreme(All) 624

MANJU RANI CHAUHAN
Kusum Devi – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Applicant : Sachin Mishra, Akash Deep Srivastava, Ayush Mishra, Bala Nath Mishra, Prabha Shanker Mishra, Ram Vishal Mishra.
For the Opposite Party : G.A., Ved Prakash Shukla.

JUDGMENT :

1. Instructions passed on by the learned AGA today in the Court, is taken on record.

2. Heard Mr. Prabha Shanker Mishra and Mr. Akash Deep Srivastava, learned counsel for the applicants, Mr. Ved Prakash Shukla, learned counsel for the opposite party no.2, Mr. Pankaj Srivastava, learned A.G.A. for the State as well as perused the entire material available on record.

3. The present 482 Cr.P.C. application has been filed to quash the impugned orders dated 02.09.2022 (summoning) and 18.01.2023 (NBW/82/83 Cr.P.C.) as well as the entire proceedings of Criminal Case No.75 of 2022 (State vs. Kusum Devi and others), arising out of Case Crime No.75 of 2022, under Section 306 I.P.C., Charge sheet No.216 of 2022, Police Station-Naini, District-Prayagraj (Allahabad), pending in the court of Chief Judicial Magistrate, Allahabad.

4. The brief facts as enumerated in the application are as follows:-

    (i) An FIR has been lodged by wife of the deceased, namely, Sunita Mishra against as many as 5 named accused on 19.02.2022 at about 13:48 hrs, which was registered as Case Crime No.75 of 2022, under Section 306 IPC, P.S. Naini, District-Prayagraj stating therein that the opposite party no.2-Sunita

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