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2017 Supreme(SC) 1621

KURIAN JOSEPH, AMITAVA ROY
Prabhu Dutt Tiwari – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates Appeared:
For the Appellants :Rajeev Kumar Bansal, M.P. Singh, Prashant Kumar, Advocates
For the Respondents:Anupam Mishra, V.J. Francis, Harikumar V., Ms. Pooja Singh, Advocates

JUDGMENT :

Kurian Joseph, J.

Leave granted.

2. The appellant is aggrieved since an order summoning the respondents was quashed by the High Court as per the impugned order. The summoning order issued by the Additional Chief Judicial Magistrate, Court-19, Deoria reads as follows :-

"Complainant appeared along with the Counsel on being called. Arguments heard and record perused.

Complainant has stated that he is working in telecommunication department Varanasi and that they are three brothers and their father distributed the village land among them and all of them cultivate their land. The accused number-3 Pushpa Devi filed a case against accused number-5 Mahima, in collusion with the accused number 1, 2 and 4 and he was taken to their village Nautan Bihar by threatening him where he was tortured in many different ways and they got the registered deed for the land khasra number 377 and 1191 forcibly. The mental condition of accused number-5 is not stable and he remains disturbed and taking advantage of the same and all the accused by colluding themselves, in order to cause damage to him and his brother Manoj got a false and fabricated registered deed made on 3.10.2012 by producing false pa










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