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2012 Supreme(All) 863

SURENDRA KUMAR
ASHOK KUMAR SRIVASTAVA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Jitendra Prasad Mishra for the Applicants; Sandeep Srivastava and A.G.A. for the Opposite Parties.

JUDGMENT

Hon’ble Surendra Kumar, J.—Heard Sri Jitendra Prasad Mishra, learned counsel for the applicants, Sri Sandeep Srivastava, learned counsel for the opposite party No. 2, learned AGA for the State and perused the material on record.

2. The applicants have filed the instant application under Section 482 Cr.P.C. impleading the State of U.P. and Smt. Asha Srivastava (complainant/victim) as opposite party Nos. 1 and 2, praying for quashing the order dated 9.2.2012 passed by the Additional Sessions Judge, Court No. 5, Allahabad, in Criminal Appeal No. 280 of 2010, Smt Asha Srivastava v. State of U.P and others, whereby the preliminary objection raised by the (accused persons) applicants herein regarding maintainability of the instant criminal appeal against the judgment and order of acquittal has been rejected and it has been held that the victim lady (appellant) has a right to prefer an appeal.

3. The relevant facts, briefly stated, for disposal of the application under Section 482 Cr.P.C. are that Smt. Asha Srivastava instituted a complaint against the applicants vide Complaint Case No. 1282 of 2010 Smt. Asha Srivastava v. Ashok Srivastava and others, under Sections 498-A, 323, 5




















































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