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2024 Supreme(All) 910

NALIN KUMAR SRIVASTAVA
Indu Awasthi @ Sarvendra Awasthi – Appellant
Versus
State Of U. P. – Respondent


Advocates Appeared:
For the Petitioner: Mahesh Pandey, Narendra Kumar Singh, Santosh Kumar Pandey.

JUDGMENT :

Nalin Kumar Srivastava, J.

1. Heard Sri U.K. Saxena, Senior Advocate assisted by Sri S.K. Pandey, learned counsel for the petitioners and learned Additional Government Advocate appearing for the State-respondent.

2. By way of present petition under Article 227 of the Constitution of India, the petitioners have made a prayer to issue an order/direction to stay the effect and operation of the impugned order dated 29.08.2023 passed by Judicial Magistrate, Hawali, Farrukhabad whereby the application in Case Crime No.111 of 2021 under Section 306 IPC, P.S. Kotwali Fatehgarh, District Farrukhabad bearing Case No.04 of 2023 (State Vs. Gunjan Awasthi and others) for further investigation, under Section 156 (3) Cr.P.C. read with Section 173 (8) Cr.P.C. moved by the petitioners was rejected. Further prayer has been made that the Investigating Agency be directed by order/direction to make further investigation under Section 173 (8) Cr.P.C. in the case mentioned here-in-above.

3. It is submitted by learned counsel for the petitioners that on an application under section 156 (3) Cr.P.C. moved by the informant Rachna Singh being Criminal Misc. Case No.139/12/2021, the learned Special J

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