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2012 Supreme(All) 1421

SURENDRA KUMAR
SALIM KHAN – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
C.K. Parekh for the Revisionists; A.K. Maurya and G.A. for the Opposite Parties.

JUDGMENT

Hon’ble Surendra Kumar, J.—Heard Sri C.K. Parekh, learned counsel for the revisionists, Sri A.K. Maurya, learned counsel for the opposite party No. 2 and learned A.G.A. and perused the material available on record.

2. The instant revision has been preferred by the accused persons, who are revisionists herein, against the order dated 23.10.2010 passed by the IIIrd Additional Chief Judicial Magistrate, Varanasi in Complaint Case No. 372 of 2009, Mohd. Nazir v. Salim Khan and others, under Sections 323, 504, 506, 452, 406 I.P.C., Police Station Sigra, District Varanasi, whereby the application of the revisionists praying for their discharge under the aforesaid offences has been rejected. Thus, the impugned order of dismissal of the application of the revisionists praying for discharge is under challenge in this revision.

3. The relevant facts are that the complainant Mohd. Nazir Khan, who is opposite party No. 2 herein, filed the said complaint in the aforesaid Court. Original number of complaint was 3588 of 2009 which was renumbered as 372 of 2009 with certain allegations. The learned trial Court after recording the statements under Section 200 and 202 Cr.P.C. of the relevan


















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