LAWS(ALL)-2013-4-89

GOPAL CHANDRA AGARWAL Vs. STATE OF U P

Decided On April 15, 2013
Gopal Chandra Agarwal Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) BY means of this petition under section 482 of Criminal Procedure Code (for short "Cr.P.C.") petitioners have prayed for quashing the First Information Report (For short "FIR") lodged by opposite party no. 2 Pradeep Singh dated 11.1.2002 (Annexure 8 to the petition), charge-sheet dated 28.8.2002 (Annexure-9) filed after investigation of the aforesaid F.I.R. having case crime No.11 of 2002 and consequential proceedings initiated after taking cognizance thereon under section 406, 420, 379, 411, 504, 506 I.P.C. in Criminal case No. 219 of 2003 pending before II Additional Chief Judicial Magistrate, Lucknow.

(2.) I have heard learned counsel for petitioners, Sri Arun Sinha, counsel for opposite party no. 4, Sri Sudeep Seth and the learned A.G.A. and gone through the record of the aforesaid case along with the record of the trial Court.

(3.) THE order taking cognizance and consequential proceedings were challenged by the petitioners in the present petition under section 482 Cr.P.C. before this Court, which was allowed by this Court by means of order dated 10.12.2004. The said order was challenged by respondent no. 4 in Criminal Appeal no. 349 of 2008 before Apex Court. The Apex court after setting aside the order dated 10.12.2004 sent back the case to this Court to pass fresh order in accordance with law.