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2023 Supreme(MP) 664

SANJAY DWIVEDI
Yash Vardhan Singh – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
Shri K.C. Ghildiyal, Senior Advocate with Shri Pratap Tarun Singh, Advocate, for the Appellant; Shri S.K. Kashyap, Government Advocate and Shri Binod Kumar Tiwari, Advocate, for the Respondent.

ORDER

Sanjay Dwivedi, J. - Shri K.C. Ghildiyal, learned senior counsel appearing for the petitioner at the very inception has submitted that he is not pursuing this petition in respect of petitioner No.2, namely, Tejbhan Singh @ Teja Patel and as such, he seeks withdrawal of this petition in his respect.

2. Accordingly, this petition is dismissed as withdrawn in respect of petitioner No.2 Tejbhan Singh @ Teja Patel.

3. This petition is filed under Section 482 of the Code of Criminal Procedure asking for quashing of order dated 26.11.2013 passed by trial Court whereby the Court exercising the power provided under Section 319/193 of Cr.P.C. decided the application directing the present petitioner i.e. Yash Vardhan Singh to be included in the array of accused persons and also directed that the arrest warrant be issued for securing his presence before the Court.

4. The said order is being assailed by the present petitioner mainly on the ground that from the impugned order itself, it reveals that the trial Court has relied upon the statements of PW-1, PW-4, PW-6 and PW-7, namely, Ramrati, Raj Kumar Shukla, Ganesh Prasad Shukla and Kamlesh Prasad Shukla respectively, in which, they have take

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