DURGESH TRIPATHI Vs. STATE OF U P AND ANOTHER
LAWS(ALL)-2018-5-98
HIGH COURT OF ALLAHABAD
Decided on May 11,2018

Durgesh Tripathi Appellant
VERSUS
State Of U P And Another Respondents

JUDGEMENT

Amar Singh Chauhan, J. - (1.) Heard Sri Ashok Bhatnagar, learned counsel for the applicant, Sri Anant Ram Dube for the opposite party, learned AGA for the State and perused the material on record.
(2.) The applicant, Durgesh Tripathi, through this application moved under Section 482 Cr.P.C., has invoked the inherent jurisdiction of this Court with a prayer to quash the order dated 16.3.2012 as well as complaint dated 14.9.2011 giving rise to Criminal Case No. 2300 of 2011 (Ram Siya Vs. Shiv Lal and others) under Sections 420, 465, 468 and 471 Cr.P.C., P.S. Karvi, District Chitrakoot pending in the Court of Chief Judicial Magistrate, Chitrakoot and stay the further proceedings in the aforesaid case.
(3.) Brief facts which are requisite to be stated for the adjudication of this application are that the opposite party no. 2 moved an application under Section 156(3) Cr.P.c. before the Chief Judicial Magistrate, Chitrakoot with the allegation that the Principal of the college Shri Shiv Lal and account Clerk Shri Ram Raj of having embezzled Crores of rupees of State Government under the grab of disbursement of salary to its teaching and non teaching staff and that the applicant Durgesh Tripathi along with Gaya Prasad Pal to be hand in gloves with then in the embezzlement. The Magistrate treated the application as complaint and after recording the statement under Sections 200 and 202 Cr.P.C. and on being satisfied issue process against the applicant.;


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