RAMESH KUMAR SRIVASTAVA Vs. STATE OF U.P

JUDGEMENT

(1.) Heard Sri Sanjay Kumar Srivastava, learned counsel for the applicants and Sri Nirmal Kumar Pandey, learned A.G.A. for the State-Respondent.

(2.) The instant application under sec. 482 Cr.P.C. has been filed with the prayer to quash the impugned orders dtd. 19/12/2007 and 22/7/2013 passed by the learned Chief Judicial Magistrate Lucknow in Case No. 17162/2007, State Vs Ramesh Kumar Srivastava and Others, as well as the impugned Chargesheet No. 202/207 dtd. 18/12/2007 under Sec. 325 and 506 I.P.C., Case Crime no. 77/2007, Police Station-Kotwali Hazratganj, district-Lucknow.

(3.) From perusal of the ordersheet, it reveals that the notice was issued to the opposite party no. 2 on 8/10/2013 and an interim protection of permanent nature was also granted in favour of the applicants in the same order. The registry reported on 6/12/2013 while mentioning that as per the report of the Chief Judicial Magistrate, Lucknow dtd. 18/11/2013, the opposite party no. 2 namely, Smt. Sheela Gupta died on 23/6/2009 while suffering with cancer. The report reveals that the Chief Judicial Magistrate, Lucknow has recorded the statement of the husband of the opposite party no. 2 namely, Yogesh Chandra Gupta, the statement of the Head Constable, Sunil Chandra, has also been recorded regarding the death of opposite party no. 2.