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Anil Prakash Goyal & Ors. vs. State of Rajasthan & Anr.

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Code of Criminal Procedure, 1973–Secs. 397 & 482 [Corresponding Secs. 438 & 528 of BNSS, 2023]–Whether the petitioners can be permitted to avail two parallel remedies for the same relief i.e., quashing of the proceedings or their discharge ?–Held, no–Petitioner filed the instant petitions against the order of taking cognizance–During the pendency of these petitions, Trial Court framed the charge–Petitioners have assailed the order of framing of charge by way of filing criminal revision petition u/s. 397 Cr.P.C.–The order of taking cognizance u/s. 190 Cr.P.C. has merged into the order of framing of charge u/s. 240 Cr.P.C.–Instant petitions have become infructuous–Disposed of with grant of the liberty to pursue the remedy u/s. 397.