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2021 Supreme(UK) 706

R.C.KHULBE
AJIT KUMAR CHATURVEDI – Appellant
Versus
STATE OF UTTARAKHAND – Respondent


Advocates:
For the Applicant : Mr. Vipul Sharma, Learned Counsel
For the State : Mr. Subhash Tyhagi Bhardwaj, Learned Dy. Adv. General, Mr. Shikhar Kacker and Mr. Akshay Pradhan, Learned Counsel

JUDGMENT

Hon'ble R.C. Khulbe, J.

By means of present application, filed under Section 482 Cr.P.C., the applicants have sought quashing of the order dated 23.12.2020 passed by the Addl. Chief Judicial Magistrate, Roorkee in Miscellaneous Application No. 108 of 2020, Manpal Sharma vs. Ajit Kumar Chaturvedi and ors.

2. Heard.

3. Facts, in brief, are that an application was moved by respondent no. 4 Manpal Sharma under Section 156(3) Cr.P.C. before the Addl. CJM, Roorkee; on the basis of said application, the concerned Court directed the Inspector, Kotwali Civil Lines to register the FIR and investigate the matter vide order dated 23.12.2020; aggrieved it, the applicants filed the application under Section 482 Cr.P.C.

4. It is argued by the learned counsel for the applicant that one Mr. Prashant Garg has already submitted an information before the concerned Police Station on 11.12.2020 with same facts and allegations, which was registered as FIR No. 0677 of 2020 under Section 409 IPC with the same Police Station; the said FIR was lodged against one Dheeraj Kumar Upadhyayay in which the investigation is pending; respondent Manpal Sharma has no right to file the application under Section 1

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