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2024 Supreme(SC) 353

VIKRAM NATH, SATISH CHANDRA SHARMA
Mukhtar Zaidi – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Dhirendra Kumar, Adv. Ms. Jyoti Tiwary, Adv. Mr. Ajay Kumar Srivastava, AOR
For the Respondent(s): Mr. Shashank Shekhar Singh, AOR Mr. Abhinav Singh, Adv. Mr. Shekhar Prit Jha, AOR

JUDGMENT :

VIKRAM NATH, J.

1. Leave granted.

2. This appeal assails the correctness of the order dated 24.08.2021 passed by the Allahabad High Court dismissing the application under Section 482 of the Code of Criminal Procedure, 19731 [Cr.P.C.] filed by the appellant wherein a prayer was made to quash the Summoning Order dated 08.03.2021 by the Chief Judicial Magistrate2 [CJM] Aligarh in Case No. 129/2020 under Sections 147, 342, 323, 307, 506 of the Indian Penal Code, 18603 [IPC] Police Station, Civil Lines, District Aligarh. There is an order dated 01.11.2021 passed by the High Court wherein the Case Number mentioned in the order dated 24.08.2021 was corrected as Case No. 5727/2021.

3. Respondent no. 2 lodged a First Information Report4 [FIR] bearing the aforesaid details whereupon the same was investigated and after investigation the police report under Section 173(2) Cr.P.C. was submitted according to which the Investigating Officer found that no evidence could be collected which could substantiate the allegations made in the FIR. The said report was submitted to the Court concerned whereupon notices were issued to the informant. The informant filed a Protest Petition along with af

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