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2023 Supreme(All) 1697

J. J. MUNIR
Manoj – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Pandey Balkrishna, Sunil Kumar Mishra.
For the Opposite Party : Sunil Kumar Singh.

JUDGMENT :

1. This is an application under Section 482 of the Code of Criminal Procedure, 1973 (for short, 'the Code') praying that the order dated 09.02.2023 passed by the learned Additional Sessions Judge, Court No.12, Bulandshahr in S.T. No. 219 of 2017, State vs. Manoj & others (arising out of Case Crime No.58 of 2017), under Sections 342, 323, 325, 308 I.P.C., Police Station Khurja Dehat, District Bulandshahr be quashed; and proceedings of Complaint Case No.523 of 2019, Kripa Devi vs. Ravikant and others, under Sections 323, 354, 504, 506 I.P.C., Police Station Khurja Dehat, District Bulandshahr, pending before the Magistrate be called from that Court and tried along with the sessions trial aforesaid as a cross-case by the learned Additional Sessions Judge.

2. The offence, according to the First Information Report (for short, 'FIR'), giving rise to the sessions trial and the one giving rise to the cross-version lodged at the instance of the accused in the sessions trial, both relate to an incident that happened on 16.02.2017. The FIR, leading to the sessions trial, does not mention the time of occurrence, whereas the one that has led to the complaint case pending before the Magi

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