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1982 Supreme(All) 656

M.WAHAJUDDIN
AHIBARAN SINGH – Appellant
Versus
STATE OF U P – Respondent


M. WAHAJUDDIN, J.

This case has been taken up after the list has been revised. Sri R. C. Yadav, appeared for the petitioners as brief holder of Sri Prem Prakash, Advocate, Counsel for the petitioner. None appeared for opposite party No. 2. The Assistant Government Advocate appeared for the State. It would appear that a case was registered against the petitioner under Section 107, I. P. C. The Pence submitted final report in this case. Before its acceptance a protest petition was filed by Devi Charan informant on August 18, 1981, who was also represented by a Counsel. The Magistrate, after considering the protest petition and filed after hearing the arguments of the Counsel for the opposite party No. 2, observed that final report has been produced before him, arguments have been heard and accused persons be summoned. This order was passed on August 25, 1981. A revision was also preferred before the Sessions Judge and was dismissed vide order dated November 21, 1981. The applicants, who have been summoned tinder Sections 307|34, I. P. C. , feeling aggrieved by the order have come forward under Section 482, Cr. P. C. , with a prayer that the proceedings against . hem be quashed. It is



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