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2008 Supreme(All) 429

R.K.RASTOGI
RAMESHWAR – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates:
Counsel :
Akhilesh Srivastava and Sandeep Srivastava for the Revisionist; A.G.A. for the Opposite Parties.

JUDGMENT

Hon’ble R.K. Rastogi, J.—This is a revision filed against the order dated 26-4-2006 passed by then Chief Judicial Magistrate, Aligarh on the application under Section 156 (3), Cr.P.C. bearing case No. 64/11/2006 moved by the Revisionist against opposite parties No. 2 to 5.

2. The facts relevant for disposal of this revision are that the applicant-revisionist moved the above application under Section 156 (3), Cr.P.C. against the accused opposite parties No. 2 to 5 with the allegations that on 13-5-2003 at about 12 o’clock the accused Khubi Singh had beaten his son in the jungle and the report of that incident had been lodged by him, and the injuries of his son were also medically examined on 14-5-2006 at the PHC, Khair. There is a gang of Khubi Singh, Man Singh, Nepal Singh and Rameshwar S/o Gopal accused opposite parties No. 2 to 5, and they have inimical terms with the applicant Rameshwar. The applicant’s father Har Prasad was allotted a plot of 200 sq. yards in the land of Gram Samaj bearing Gata No. 1025. Har Prasad constructed his house thereon about 40-45 years ago. Man Singh etc. with a view to damage the complainant got notices issued to him from the office of the Teh








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