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2010 Supreme(All) 1901

SHRI KANT TRIPATHI
Ram Raj Tewari – Appellant
Versus
State of U. P. and another – Respondent


Advocates:
Counsel for the Petitioner: Rishad Murataza

Shri Kant Tripathi, J.;-

1. Heard the learned counsel for the petitioner and the learned AGA for the respondent no.1 and perused the impugned judgment and order.

2. With the consent of the learned counsel for the parties, this petition is being disposed of finally at the stage of admission.

3. It appears that the petitioner Ram Raj Tiwari has been summoned under section 319 CrPC to face trial in regard to the offences under sections 419, 420, 467, 468 and 471 IPC in case crime no. 127/1995, police station Itiathok, district Gonda by the Judicial Magistrate-I, Gonda, vide the order dated 5.8.2008, which was subsequently affirmed by the Special Judge (E.C.Act) Gonda vide the order dated 8.4.2010 in criminal revision no.318/2009.

4. During the trial, PW-1 Ghanshyam, PW-2 Ram Tirath and PW-3 Renu were examined, who have deposed in regard to complicity of the petitioner along with the charge-sheeted accused. The concerned Magistrate placing reliance on the statements of the said witnesses, has passed the impugned order summoning the petitioner and his revision against the summoning order was dismissed.

5. The learned counsel for the petitioner submitted that the learned trial court has not r























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