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2023 Supreme(All) 1031

SURENDRA SINGH-I
Imran Khan – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Rahul Kumar Tiwari, Sandeep Kumar.

JUDGMENT :

SURENDRA SINGH-I, J.

1. This application under Section 482 Cr.P.C. has been filed against the impugned order dated 08.04.2022 passed by the Additional Chief Judicial Magistrate, Court No. 2, Budaun passed in Misc. Case No. 1664 of 2020, Imran vs. Ahtesham Miyan, under Section 340 Cr.P.C. Police Station Kotwali, District Budaun.

2. By the impugned order, the Trial Court rejected the applicant’s application under Section 340 Cr.P.C.

3. The applicant had filed an application under Section 340 Cr.P.C. read with Section 195 Cr.P.C. relating to Criminal Case No. 10063 of 2016, State vs. Imran and Others, arising out of Case Crime No. 592 of 2016, under Sections 498-A, 323, 504 I.P.C. and Section ¾ D.P. Act, Police Station Kotwali, District Budaun.

4. The order taking cognizance was challenged in Application U/s 482 No. 23574 of 2018, Imran and Others vs. State of U.P. and Others, whereon another co-ordinate Bench of this Court vide order dated 19.07.2018, restrained the authorities to take coercive measures against applicant-accused Afzal Hussain and Smt. Shameem Begam till the next date of listing. The said order of this Court was vacated by the Trial Court relying on the judgment

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