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2014 Supreme(All) 1177

RANJANA PANDYA
DHARMA @ DHARMVEER – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Ravi Prakash Singh for the Petitioner; A.G.A. for the Respondents.

JUDGMENT

Hon’ble Mrs. Ranjana Pandya, J.—This writ petition has been preferred to quash the order dated 13.5.2014 passed by the learned Additional Sessions Judge, Court No. 6, Aligarh in Criminal Revision No. 1035 of 2013 and the order dated 23.10.2013 passed by the learned Additional Chief Judicial Magistrate, Court No. 3, Aligarh in Complaint No. 196 of 2013 (Chhotey Lal Sharma v. Dharma alias Dharmveer, under Section 392 IPC, PS Gandhi Park, Aligarh, whereby the petitioner was summoned.

2. Brief facts of the case are that according to the FIR, on 16.1.2013 at about 9.00 p.m. Chhotey Lal Sharma was sleeping in his house with his family members, suddenly Dharma alias Dharmveer resident of Nagla Mali alongwith his four companion entered the house of Chhotey Lal Sharma. All the people had muffled their faces. As soon as Dharma alias Dharmveer and his companion entered the house of Chhotey Lal Sharma, they started terrorizing Chhotey Lal Sharma and his family members by showing country made pistol and also assaulting the wife, son and daughter-in-law of Chhotey Lal Sharma. The complainant and his family members got frightened and when the complainant resisted, muffled faces of the mis










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