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2025 Supreme(SC) 1078

SANJAY KAROL, JOYMALYA BAGCHI
Shiv Baran – Appellant
Versus
State Of U. P. – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Gaurav, AOR
For the Respondent(s): Mr. Adarsh Upadhyay, AOR Mr. Jitendra Kumar Tripathi, Adv. Ms. Pallavi Kumari, Adv. Mr. Shashank Pachauri, Adv. Mr. Anshuman Nayak, Adv. Mr. Rahul Kulhare, Adv. Mr. Ansar Ahmad Chaudhary, AOR Mr. Shoaib Ahmad Khan, Adv. Mr. Md. Anas Chaudhary, Adv. Mr. Sandeep Garausa, Adv. Mr. Mohd. Sharyab Ali, Adv. Ms. Shehla Chaudhary, Adv.

JUDGMENT :

SANJAY KAROL, J.

Leave Granted.

2. The instant appeal preferred by the appellant- complainant, arises out of judgment and order dated 23rd July 2024 passed by the High Court of Judicature at Allahabad in Criminal Revision No.5517 of 2023, quashing the summons issued against Rajendra Prasad Yadav, Respondent No.2 herein, under Section 319 of the Code of Criminal Procedure, 19731[Hereinafter ‘CrPC] vide order dated 28th September 2023 passed by the Additional Sessions Judge, Kaushambi2[Hereinafter “Trial Court”] in Sessions Trial No.109 of 2018, arising out of Case Crime No.303 of 2017.

3. Brief facts giving rise to the present appeal are :

    (i) Two FIRs were lodged in respect of an incident which allegedly took place on 29th November 2017. First FIR3[Case Crime No. 303 of 2017] was registered by the appellant-complainant, namely, Shiv Baran4[The first informant], under Sections 302, 307, 504 and 506 of the Indian Penal Code, 18605[Hereinafter ‘IPC’] against four persons, namely, Rahul, Dinesh, Rajendra and Shiv Moorat6[Moorat and Murat are referred for the same person in the record], alleging the said accused of having, with the common intention, entered his house and assault

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