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2008 Supreme(All) 250

A.P.SAHI
BHURI. – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates:
Counsel :
R.K. Kaushik for the Petitioner; A.G.A. for the Respondents.

JUDGMENT

Hon’ble A.P. Sahi, J.—The petitioner-Smt. Bhuri lodged a complaint under Section 156 (3), Cr.P.C. to the effect that the accused persons cheated her by obtaining documents in the name of getting a lease executed in her favour and instead obtained some loan in her name the recovery whereof was sought to be made from her. Having discovered this fraud practised on her, she lodged the complaint on 21.6.1997.

2. The trial proceeded and during the trial, an Application was moved by the complainant after her examination-in-chief to summon one Sri Ashok Kumar, the village Pradhan, and the Branch Manager Sri N.N. Kapoor of the Punjab National Bank, on the allegation that they had also conspired in getting the fraudulent documents prepared. The said application has been rejected on 1.9.2007 by the learned Magistrate on the ground that the petitioner has only gone through her examination-in-chief and additional evidence is yet to come, therefore, the said application was not liable to be entertained and was, accordingly, rejected. A revision was preferred by the petitioner which was disposed of with the observation that keeping in view the law laid down by the Apex Court in the case of


















































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