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2010 Supreme(All) 498

VIRENDRA SINGH
BHOJ RAJ – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
M.K. Shukla, V.K. Sharma,S.N. Yadav for the Applicant; A.G.A., Sanjeev Pandey, U.C. Misra for the Respondents.

JUDGMENT

Hon’ble Virendra Singh, J.—Revisionist Bhoj Raj, preferred this revision against the judgment and order dated 28.7.2001 passed by learned Additional Sessions Judge, Court No. 4, Firozabad in Criminal Revision No. 215 of 1998 (Jaisi Ram v. Bhoj Raj and another) whereby the judgment and order dated 27.6.1998 passed by Civil Judge, (Junior Division) Magistrate, Sikohabad in complaint case No. 144 of 1996 (Jaisi Ram v. Bhojraj) thereby dismissing the complaint under Section 434 I.P.C. is set aside.

2. I have heard learned A.G.A. on behalf of State. No one appeared on behalf of revisionist.

3. I have gone through the grounds of revision stating that the learned Magistrate had found on record that there were material contradictions between the statements of complainant Jaisi Ram and witness Puttu and, therefore, the revision was liable to be dismissed but the revision as per the impugned order has been wrongly allowed by the learned Sessions Judge. There remained no reliable evidence available on record that the revisionist had broken the land mark of field and thrown away the mark (Mutthiya) alleged to have been fixed during the revenue inspection. As per order and direction of le







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