LAWS(ALL)-2019-11-317

GOPAL DAS AGARWAL Vs. STATE OF U.P

Decided On November 26, 2019
GOPAL DAS AGARWAL Appellant
V/S
STATE OF U.P Respondents

JUDGEMENT

(1.) This petition under Section 482 CrPC has been filed by the petitioners for quashing of the orders dated 03.07.2013 and 03.08.2013 passed by the Chief Judicial Magistrate, Sitapur in Misc. Case No.105/2010 (Smt. Rashmi Agarwal Vs. Gopal Das and others) under Sections 302/120-B IPC whereby, on protest petition filed by respondent no.2 to the final report submitted by the police under Section 173(2) CrPC, the learned Magistrate has rejected the final report and taken cognizance under Section 190(1)(b) of the CrPC. Thereafter, vide order dated 03.08.2013 non-bailable warrants had been issued against the petitioners.

(2.) Petitioner Nos. 1 and 2 are the father and mother of Parag Agarwal (hereinafter referred to as the 'deceased'). Petitioner No. 3 is the elder brother of the deceased. Petitioner No. 4 is the sister-in-law (Bhabhi) of the deceased. Petitioner no. 5 is the brother-in-law (Bahnoi) of the deceased and the petitioner no. 6 is the sister of the (deceased), whereas the respondent no. 2 is the widow of the deceased.

(3.) Petitioner Nos. 1, 2, 3 and 4 are the residents of the LIC Colony Tagore Town, Allahabad, whereas Petitioner Nos. 5 and 6 are residents of Gautambudh Nagar (Noida).