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2005 Supreme(All) 292

RAVINDRA SINGH
YOGENDRA SINGH – Appellant
Versus
STATE of U. P. – Respondent


Advocates Appeared:
A.K.AWASTHI, MANISH TIVARI, P.V.Singh, R.K.SINGH, Vishnu Gupta

( 1 ) HEARD Sri Vishnu Gupta, learned counsel for the petitioner, learned a. G. A. and Sri A. K. Awasthi and Manish tiwari, learned counsel for the respondents nos. 2 to 8.

( 2 ) THIS writ petition has been filed against the order dated 16-8-2002, passed by learned Addl. Sessions Judge/special judge (E. C. Act), Banda in Criminal Revision No. 156 of 2002, whereby the order dated 24-4-2002, passed by learned Addl. Civil Judge (Jr. Div.)/judicial Magistrate, banda was set aside and the record was sent back to the Court of learned Addl. Civil judge (Jr. Div.) Banda and order dated 19-9-2003 passed by learned Addl. Sessions judge, Court No. 3, Banda in Criminal Revision No. 93 of 2003, whereby the revision filed by the respondents Nos. 2 to 8 was allowed and the order dated 17-4-2003 passed by learned Civil Judge (Jr. Div.) Judicial magistrate, Banda taking cognizance for the offence punishable under Sections 147, 149, 323, 504, 506, IPC and summoning the opposite parties Nos. 2 to 8 to face the trial in the abovementioned offences in Criminal case No. 81/ix of 2002, was set aside.

( 3 ) THE facts, in brief, of the present case are that the petitioner moved an application under Section









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