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2009 Supreme(SC) 734

S.B.SINHA, CYRIAC JOSEPH
Manoj Narain Agrawal – Appellant
Versus
Shashi Agrawal – Respondent


Advocates appeared:
L.P. Naithani, Sr. Adv., A.G. Uttaranchal, Sushil Kumar, Dinesh Dwivedi, Sr. Advs., C.D. Dinsh, bhupendra Pratap Singh, Vairagya Vardhan Dubey, Sunny Chaudhary, Aditya Singh, Aditya Kumar, Ms. Minakshi Kumar, Aarohi Bhalla, Pravesh Khanna, Shekhar Raj Sharma, Subodh Patil, Saroub Bhatia, Ms. Sujata Kurdukar, Jatinder Kumar Bhatia, Advocates.

JUDGMENT

S.B. Sinha, J.—

1. Leave granted.

2. These three appeals involving common questions of fact and law were taken up for hearing together and are being disposed of by this common judgment.

3. The parties hereto are related to each other.

Indisputably in relation to an incident which took place on or about 4.11.1999, two First Information Reports were lodged; one on 4.11.1999 and the other on the next day, i.e., 5.11.1999. The first FIR was lodged by Meenaxi Agrawal, (for short, “Meenaxi”) inter alia, alleging that Manoj Narain Agrawal (for short, “Manoj”) along with forty others raided their farm house and attacked Shashi Agrawal (for short, “Shashi”) and Meenaxi (Appellant Nos.1 and 2 in Criminal Appeals arising out of Special Leave Petition (Criminal) No.6061-6062 of 2008) as also staff members thereof as a result whereof one R.K. Yadav, an employee suffered grievous injuries. FIR No.960/99 in relation to the said purported incident was lodged under Sections 147, 148, 149, 452, 323, 427, and 506, of the Indian Penal Code (for short, “the IPC”) at the Kichha Police Station. The accused were allegedly arrested on the spot by the local police.

Another FIR was, however, lodged








































































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