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1990 Supreme(All) 737

G.P.MATHUR
PRATAP – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
TEJ PAL

G. P. MATHUR, J.


( 1 ) THIS criminal revision has been filed challenging the order dated 22-8-1990 passed by the XIII ACJM, Agra, in Misc. Case No. 8 of 1990 summoning the accused applicants to face trial u/ss. 307/ 323/504, IPC.

( 2 ) MOHAN Singh, respondent No. 2, lodged a first information report on 20-8-1988 at P. S. Kheragarh, Distt. Agra, alleging that the accused applicants assaulted Ram Ratan and his mother Smt. Bhagwati at about 8 a. m. on 20-8-1988. Both the injured, namely, Ram Ratan and Smt. Bhagwati, were medically examined at the Primary Health Centre and injuries were found on their person. Smt. Bhagwati died two days after the incident. A case was registered a Crime No. 108 of 1988 on the basis of the first information report lodged by Mohan Singh and investigation commenced. Subsequently the police of PS Kheragarh submitted final report on 3-11-1988. The complainant Mohan Singh filed a protest petition before the learned magistrate and contended that the final report had been submitted by the Investigating Officer on unjustifiable grounds. The learned magistrate, after hearing the complainant, passed an order on 22-8-1990 rejecting the final report and further direc

















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