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2024 Supreme(All) 342

SUBHASH VIDYARTHI
Shamsher Bahadur – Appellant
Versus
State Of U. P. Thru. Prin. Secy. Home Lko. – Respondent


Advocates Appeared:
For the Appellant : Alok Srivastava

JUDGMENT :

1. Heard Sri Alok Srivastava-II, the learned counsel for the applicant and Ms. Charu Singh, the learned AGA for the State and perused the records.

2. By means of the instant application filed under Section 482 Cr.P.C., the applicant has sought quashing of charge sheet no 1 of 2023 dated 01.04.2023, under Sections 323, 504, 506 IPC, submitted in furtherance of FIR No. 120/2023, the order dated 08.12.2023 passed by the Additional Chief Judicial Magistrate, Court No. 16, Barabanki, taking cognizance of offences under Sections 323, 504, 506 & 308 IPC and summoning the accused persons to face trial of the offence and at the same time issuing an order for further investigation and calling for an explanation from the Investigating Officer as to why recommendation be not made for initiating departmental inquiry and action against him for not conducting the investigation properly.

3. The opposite party no. 2 had lodged FIR No. 120/2023 on 28.03.2023 against the applicants, stating that the agricultural lands of the complainant and the accused persons are adjoining each others’ land. The accused persons had damaged Med (boundary) dividing the two fields in the morning of 28.03.2023 a

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