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U.S.TRIPATHI
Qadir Khans – Appellant
Versus
State of Uttar Pradesh – Respondent


JUDGMENT

U.S. Tripathi, J. - Heard Mr. Anil Kumar Srivastava learned Counsel for the applicants and Mr. Syed Wajid AU, learned counsel for the opposite party No. 2 and learned A. G.A. appearing for the opposite party Nos. 1 and 3.

2. In this proceeding under Section 482, Cr. P.C. quashing of complaint in case No. 754 of 1998, Ramzan Khan v. Qadir Khan and Others pending in the Court of Second Additional Chief Judicial Magistrate, Banda has been sought.

3. The opposite party No. 2 filed a complaint against the applicants under Sections 419, 420, 323, 504, 506, 363 and 365, I.P.C. with the allegation that on 3-9-1994 at about mid-night the applicants raided his house and forcibly abducted Smt. Barkatiya his widowed aunt and wanted to get sale deed executed by some impostor in order to grab the property of Smt Barkatiya. The learned Magistrate on considering statement under Sections 200 and 202. Cr. P.C. summoned the applicants on the said complaint.

4. The learned Counsel for the applicants pointed out that the opposite party No. 2 had filed suit No. 676 of 1994 in the Court of Munsiff, Banda for cancdlation of sale deed dated 21-9-1994 allegedly executed by Smt. Barkatiya. In the sa

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