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2011 Supreme(All) 2348

S.C.AGARWAL
MANJU DEVI – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Dhirendra Kumar Srivastav and V.P. Srivastava for the Petitioner; A.G.A. for the Respondents.

JUDGMENT

Hon’ble S.C. Agarwal, J.—This writ petition has been filed with a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 7.7.2011 passed by Chief Judicial Magistrate, Chandauli in criminal case No. 157 of 2011 (Manju Devi v. Santosh and others) whereby the application under Section 156 (3) Cr.P.C. moved by the petitioner has been rejected. (Annexure No. 5).

2. In brief, the facts of the case are that the petitioner moved an application under Section 156 (3) Cr.P.C. before the Chief Judicial Magistrate, Chandauli alleging therein that on 6.5.2011 at about 7:30 p.m., when Rinku @ Dharmendra Tiwari, son of the petitioner, was returning home from his fields, the accused Santosh, Tribhuwan and other persons named in the application, surrounded Rinku @ Dharmendra Tiwari and threatened him with death. Rinku @ Dharmendra Tiwari ran towards his house and hid himself in the room. Santosh armed with country made pistol and Tribhuwan armed with licensed gun opened fire causing injuries to various persons. Accused Triveni caused head injury by lathi. In exercise of right of private defence, Rinku @ Dharmendra took out his licensed rifle.











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