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1994 Supreme(All) 929

C.A.RAHIM
IRSHAD – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
MOHD.YUSUF

C. A. RAHIM, J.

( 1 ) A first information report was lodged against seven accused persons on the allegation that they being armed with deadly weapons entered into the house and assaulted the inmates for which all the inmates numbering about 8-9 persons were injured. They assaulted with an intention of committing murder. Firing was done but unfortunately it did not hit anybody. On the basis of that first information report a case was registered. After completion of the investigation charge-sheet was submitted against the two persons, namely, Jamshed and Ikramullah and rest of the persons were discharged. The case was committed to the Court of Sessions. But after examination of the complainant an application was filed under Section 319, Cr. P. C. for issuing summons to six accused persons (revisionist before me) and the same was allowed by the learned Sessions Judge. The present revision has been filed against the said order passed by the learned IX Additional Sessions Judge, Muzaffarnagar on 27-8-1993 in Sessions Trial No. 366 of 1992.

( 2 ) LEARNED counsel for the revisionists has submitted that a counter case has been started in which two persons on the side of the accused persons





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