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2007 Supreme(All) 2080

SAROJ BALA
MOHD. YUSUF – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates:
Counsel :
Akhtar Husain and Rizwan Ali Akhtar for the Applicants; V.M. Zaidi, A.M. Zaidi, A.G.A. for the Opposite Parties.

JUDGMENT

Hon’ble Mrs. Saroj Bala, J.—This criminal revision is directed against the order dated 28.2.2001 passed by the II Additional Civil Judge (Senior Division)/Additional Chief Judicial Magistrate, Bijnor, in case No. 76 of 2001, Zeeshan v. Yusuf and others, whereby summoning the revisionists for the offences punishable under Sections 147, 323, 452, 504, 506, I.P.C.

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

An application under Section 156 (3) Cr.P.C. was moved by the Opposite Party No. 2 alleging that on 10.8.1998 at about 1 p.m. the accused-revisionists came armed with lathi and sticks to the house of the complainant and using abusive language subjected him to assault with lathi, sticks, kicks and fists. The S.H.O., Chanadpur was directed by the A.C.J.M., II to register and investigate the allegations made in the application. The First Information Report was registered on 18.9.1998 as case Crime No. Nil of 1998 under Sections 147, 323, 452, 504, 506, I.P.C. After investigation final report was submitted by the police. Notices were issued to the complainant. A protest petition alongwith affidavits of complainant and witnesses Mehaboob Raza and Naiyar was


















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