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CASE NO.: Appeal (crl.)  449 of 2008

PETITIONER: SANJAI AND ORS

RESPONDENT: STATE OF U.P. AND ANR

DATE OF JUDGMENT: 03/03/2008

BENCH: S.B. SINHA & V.S. SIRPURKAR

JUDGMENT: JUDGMENT 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.