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2007 Supreme(All) 2212

SAROJ BALA
MANOJ KUMAR SINGH – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates:
Counsel :
V.S. Mishra, W.H. Khan, J.H. Khan, P.N. Tripathi, Mahendra Bahadur Singh for the Applicants; Akhilesh Singh, A.G.A. for the Opposite Parties.

JUDGMENT

Hon’ble (Mrs.) Saroj Bala, J.—This criminal revision is directed against the order dated 14.8.2001 passed by the Judicial Magistrate II, Sant Ravidas Nagar Bhadohi at Gyanpur whereby summoning the revisionists on the basis of protest petition filed against the final report.

2. The facts giving rise to the revision are these:

An application under Section 156 (3), Cr.P.C. was moved by the opposite party No. 2 for registration and investigation with the allegations that on 27.2.2001 at 3.30 P.M. the revisionists surrounded the opposite party No. 2 on the way and subjected him to assault by wielding of hockey, lathi and sticks. The revisionist Vijay Bahadur Singh opened fire from gun but the opposite party No. 2 had a narrow escape. The revisionist Manoj Kumar Singh mounted assault on the head of the opposite party No. 2 by giving hockey blow. On hearing the outcries, the witness Sahab Singh came forward to save the opposite party but he was also subjected to assault. The application under Section 156 (3) was rejected by the Judicial Magistrate. The Opposite Party preferred a revision before the Sessions Judge which was allowed and the matter was remanded for decision afresh. Af



















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