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Zunaid vs. State of U. P. & Ors. (SC)

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Code of Criminal Procedure, 1973–Sec. 190(1)(b), 204 & 482–Orders of taking the cognizance and summoning the accused–Set aside by the High Court–Justification–Magistrate passed the detailed order and rejected the final report submitted by the police, thereafter, proceeded further u/s. 200–Order of taking the cognizance (Order dated 15.11.2018) remained unchallenged–After recording the statements of the complainant and eight witnesses, the order of summoning was passed and it was challenged through filing the application u/s. 482–In the application u/s. 482, High Court granted the permission for amendment and permitted to challenge the order dated 15.11.2018–It was not justified to permit to challenge the order dated 15.11.2018 after the time of four years had lapsed–Impugned order of High Court is liable to be quashed and set aside.