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2020 Supreme(All) 506

RAHUL CHATURVEDI
Radhey Shyam Gupta – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Amit Saxena, Mushir Khan
For the Respondent: G.A., Abdul Majeed, Sufia Saba

JUDGMENT :

1. Heard Sri Saurabh Singh, learned counsel for the applicants, Ms. Sufia Saba, learned counsel for opposite party no. 2 and learned AGA for the State.

2. After exchange of pleadings between the parties, the matter riped up for final arguments.

3. The matter was heard at length and order was reserved to be dictated in Chamber.

4. Considering learned arguments of the rival parties, it is imperative to extract bare skeletonized facts of the case for proper appraisal and adjudication in the matter.

5. The prayer sought by the applicants is for invoking extraordinary jurisdiction of this Court under section 482 Cr.P.C. and to quash proceedings of Criminal Case No. 3302 of 2015 (State v. Radhey Shyam Gupta and others) under sections 147, 148, 149, 406, 329 and 386 IPC, P.S. Barra, District Kanpur Nagar pending in the court of I-Additional Chief Metropolitan Magistrate, Kanpur Nagar.

6. It is pertinent to mention here that by virtue of Court’s order dated 22.01.2016 passed by coordinate Bench of this Court, further proceedings of the instant case were stayed and notices were issued to opposite party no. 2.

FACTS OF THE CASE

7. One Munni Devi resident of Kolkata is lease holder of plot

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