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2023 Supreme(SC) 195

ABHAY S. OKA, RAJESH BINDAL
Vikas Rathi – Appellant
Versus
State of U. P. – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Sarvam Ritam Khare, AOR Ms. Meena Sehrawat, Adv. Mr. Akash Shukla, Adv.
For the Respondent(s): Mr. Sarvesh Singh Baghel, AOR Mr. Raj Singh Rana, AOR Mr. Kamal Kumar Pandey, Adv. Mr. Pankaj Kumar Singh, Adv. Mr. Pawan Kumar Shukla, Adv. Mr. S.C. Tripathi, Adv.

JUDGMENT :

Rajesh Bindal, J.

1. The Order dated 16.05.2017 passed by the Allahabad High Court is under challenge before this Court. By the aforesaid order, Criminal Revision Petition was filed by the respondent No.2 challenging the order dated 15.03.2017 whereby the application filed under Section 319 Cr.P.C. for summoning the present appellant, was dismissed.

2. The High Court, vide impugned order had quashed the Order dated 15.03.2017 and remanded the matter back to the Trial Court for fresh examination.

3. Learned counsel for the appellant submitted that the appellant established his business of manufacture of tools in the year 2003. A complaint was filed by respondent no.2 regarding murder of his brother Bachchu Prasad. It was mentioned therein that he used to work in the appellant’s firm. On the basis of the aforesaid complaint, FIR No. 480/2013 was registered against unknown persons. Nearly two months after the complaint, wife of the deceased gave a complaint to the Superintendent of Police, Ghaziabad making false allegations against the appellant. The appellant was given notices by the Investigating Officer. Entire information sought was furnished by him. During investigation, t


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