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2012 Supreme(All) 1965

A.K.TRIPATHI
SALIM @ TUNDAL – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Rahul Chaturvedi for the Revisionists; A.G.A. for the Opposite Parties.

JUDGMENT

Hon’ble A.K. Tripathi II, J.—Heard Sri Rahul Chaturvedi on behalf of revisionists and learned A.G.A. for the State of U.P. and others in Crl. Revision No. 316 of 2006.

In Crl. Revision No. 5367/2005 none appeared for the revisionists and learned A.G.A. was present and heard.

These two criminal revisions have been connected by order of this Court dated 23.1.2006 and the question of common law has been involved in this case as to whether revision against notice under Section 111 Cr.P.C. is maintainable or not, hence these two revisions are being taken together.

2. In the Crl. Revision No. 316 of 2006 a Chalani report under Sections 107 and 116 Cr.P.C., Govind Nagar, Mathura was sent to City Magistrate, Mathura against 25 persons, namely- Salim @ Tundal , Munna, Guddu, Habid, Yunus, Sharif, Aman, Munnan, Naim, Nadim, Azad, Shahzad, Sultan, Saeed, Shahid, Kammo, Chunnan, Zahid, Fazlu, Zaheer, Lala, Kala, Farukh, Mustkeem, Iqbal.

3. On the basis of Chalani report a notice under Section 111 Cr.P.C. was issued by the City Magistrate on 11.11.2005 to above named persons directing them to appear before the Court on 19.11.2005 and to show-cause as to why they not be bound by a person












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