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Judicial Analysis Court Copy Headnote Facts Arguments Court observation
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J.C.GUPTA
Harkesh – Appellant
Versus
State of Uttar Pradesh – Respondent


JUDGMENT

J .C. Gupta, J.- The order dated 20-4-2000 passed by IIIrd Additional Chief Judicial Magistrate. Bijnor directing issue of process against the applicants is under challenge in this revision.

Facts relevant for the purpose of this revision in brief are that on a complaint filed by Om Prakash, father of opposite party No.2 and others regarding an incident of 29-3-1999 the police on the basis of an order made under Section 156(3). Cr.P.C. investigated the case and submitted final report. Ten days thereafter another complaint with the nomenclature "Application under Section 156(3). Cr.P.C." was filed by opposite party No. 2 alleging therein that on 12-4-1999 the applicants assaulted him and Ram Chandra and caused them injuries. The Magistrate concerned directed the police to register First Information Report and investigate the same. Consequently, case was registered and police came into action. The Investigating Officer recorded statement of witnesses and concluded that case was false and concocted with these conclusions he submitted 'final report' which was forwarded to the Court concerned by the Officer-in-charge of concerned police station. Feeling aggrieved, opposite part

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