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2005 Supreme(All) 1401

UMESHWAR PANDEY
SATPAL – Appellant
Versus
STATE OF U P – Respondent


Advocates:
Brij Raj Singh, Satyendra Kumar Singh, Vijaya Prakash,

UMESHWAR PANDEY, J.

Heard learned Counsel for the petitioners, learned A. G. A. and the learned Counsel appearing for the complainant.

2. This petition under Section 482 Cr. P. C. is directed against the order of Magistrate dated 22-12-2004 and also against the order dated 11-7-2005 passed by the Addl. Sessions Judge in his revisional jurisdiction.

3. An F. I. R. was lodged from the side of the Respondent No. 2 against the petitioners imputing allegations against them of the offences punishable under Sections 457, 380 and 436 I. P. C. It was stated in the F. I. R. that the accused persons in the morning of 18-2-2003 came to informants shop with burning Mashal and took away all the articles kept therein and thereafter set fire to it. On these allegations, the police registered a case under those offences and investigated the matter. Investigation concluded and the police submitted final report whereupon the Respondent No. 2 preferred protest petition before the Magistrate who treating it a criminal complaint called upon the complainant to adduce evidence. The complainant examined himself under Section 200 Cr. P. C. and also examined his brother Vinod Kumar under Section 202 Cr. P. C
















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