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2023 Supreme(All) 1547

VIVEK KUMAR BIRLA, ANISH KUMAR GUPTA
Jitendra Singh @ Bablu – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner: Vinay Kumar Jaiswal.
For the Respondent: G.A., Santosh Kumar Singh.

JUDGMENT :

1. Heard Sri Man Singh Chauhan, learned counsel for the petitioners, Sri Santosh Kumar Singh, learned counsel appearing for the informant and Sri Ratan Singh, learned A.G.A. appearing for the State respondents and perused the record.

2. The instant writ petition has been filed by the petitioners, who are the accused in Case Crime No. 0057 of 2022 u/S 147, 148, 323, 324, 325, 308, 504, 506 IPC, challenging and seeking quashing of the impugned order dated 06.12.2022, issued by the Superintendent of Police, Kushinagar, directing further investigation in the matter after analysing the report/charge-sheet and finding some deficiencies in the investigation, though the said report/ charge-sheet was already submitted before the Magistrate and the Magistrate has already taken the cognizance on the said report/ charge-sheet.

3. The brief facts of the case are that on 21.03.2022, the applicant/ respondent no.4 herein lodged the First Information Report, which was registered as Case Crime No. 0057 of 2022. In the FIR, it was alleged that the informant/respondent no.4, Ajay Singh s/o Harikesh Singh, R/o Dudahi Barhara, P.S.-Vishnupura, District-Kushinagar, has some dispute with his brot

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