RAMESH TRIPATHI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Jyotinjay Mishra, Senior Advocate assisted by Sri Kapil Misra, learned counsel for the petitioners, learned A.G.A. for the State and Sri Pankaj Gupta, learned counsel for the opposite party no.2.

(2.) BY means of this petition, under Section 482 of Cr.P.C., the petitioners have prayed for quashing the order dated 26.09.2014 passed by learned Chief Judicial Magistrate, Hardoi in Complaint Case No.3682 of 2012 (Meena Kumari Vs. Ramesh Tripathi and others), under Section 302 IPC whereby the process under Sections 82 and 83, Cr.P.C. has been issued simultaneously along with non bailable warrant against the petitioners.

(3.) IT has been contended by learned counsel for the petitioners that the manner in which the process has been issued simultaneously under Sections 82 and 83, Cr.P.C. is not sustainable. In support of his contention, learned counsel for the petitioners relied upon the judgment of this Court rendered in Devendra Singh Negi Vs. State of U.P. and others, 1993 3 AllCriC 455.