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Sanjai and Ors Vs. State of U.P. and ANR [2008] INSC 335 (3 March 2008)

S.B. SINHA & V.S. SIRPURKAR

O R D E R CRIMINAL APPEAL NO. 449 OF 2008 [Arising out of SLP(Crl.) No.2942/2007] Leave granted.

Having heard the learned counsel for the parties, we are of the opinion that as no charge-sheet has been filed as against appellant Nos. 2 to 4, the impugned judgment cannot be sustained which is set aside accordingly. The criminal miscellaneous application filed by the said appellants for quashing the proceedings in Case Crime No. 73/03, is allowed.

The appeal is disposed of with the aforementioned direction.

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