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KUNDAN SINGH
Ashok – Appellant
Versus
State of Uttar Pradesh – Respondent


ORDER

Kundan Singh, J. - The main controversy involved in this revision centres round the scope of powers of the Magistrate under Sub-section (I) of Sec. 190 of the Code of Criminal Procedure on a protest petition, duly supported by the affidavits of the witnesses.

2. The present revision is directed against the order dated 8.9.1993 passed by the IX A.C.J.M., Allahabad in Criminal Case No. 869 of 1993 whereby the final report submitted by the Investigation Officer was rejected and the cognizance has been taken against the accused applicants summoning them under Sections 147, 148, 149& 307, I.P.C.

3. In short, the prosecution story as revealed by F.I.R., is that at about 8.00 p.m. on 20.4.1993, Om Shankar Pandey, the informant, his brother Arvind Kumar, and one Om Prakash were returning from Village Baghbana to Allahabad on a motor cycle. In the way, they met the 6 accused applicants, who were carrying with them guns and bombs. Accused Satendra Kumar fired a shot with his gun while the other accused hurled bombs on the complaint party but luckily they escaped and ran away from the place of occurrence leaving the motor cycle there. The complaint party lodged an F.I.R. of that inciden

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