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2013 Supreme(All) 1833

KARUNA NAND BAJPAYEE
SHAIFULLAH – Appellant
Versus
STATE OF U. P. – Respondent


Advocates Appeared:
S.P. Pandey for the Petitioner; A.G.A. and Surendra Mohan Mishra for the Respondents.

JUDGMENT

Hon’ble Karuna Nand Bajpayee, J.—This writ petition has been filed by the petitioners accused with the prayer to get the impugned summoning order dated 2.4.2010 passed against them by the learned Judicial Magistrate-I, Basti as well as the revisional order dated 16.7.2011 passed by Sessions Judge, Basti, quashed.

The petitioners are represented by their counsel Sri Surendra Mohan Mishra while the respondent No. 2 Mamunisha is represented by her counsel Sri S.P. Pandey. Both are present in Court.

A short counter-affidavit has been filed on behalf of the respondent No. 2 which is taken on record.

2. I have heard the counsel for both the sides as well as learned AGA and have perused the whole record.

It appears that the petitioners were summoned by the lower Court under Sections 323, 379, 452, 504, 506 and 427 IPC in complaint case No. 1842/2009 filed by the complainant Mamunisha (respondent No. 2). The revision filed against the summoning order too got dismissed as it was time barred.

A perusal of the complaint and the statements recorded under Section 200 and 202 Cr.P.C. reveal that the complainant’s side as well as the side of the accused (petitioners) had locked their horn


























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