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2016 Supreme(All) 936

PRAMOD KUMAR SRIVASTAVA
SUKHDEV – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Prakash Narayan Dwivedi for the Revisionist; G.A. for the Opposite Parties.

JUDGMENT

Hon’ble Pramod Kumar Srivastava, J.—Heard learned counsel for the revisionist, learned AGA and perused the records.

2. The revisionist has moved application under Section 156(3) CrPC for investigation and prosecution of opposite parties for offences under Section 420, 406, 504, 506 IPC and 3(1)(vi) and 3(1)(x) of the Scheduled Castes or Schedule Tribes (Prevention and Atrocities) Act, 1989 (hereinafter referred to as SC/ST Act). This application was accepted as complaint case.

3. After accepting evidences under Section 200 and 202 CrPC, trial Court had dismissed the complaint under Section 203 CrPC. In this order, trial Court had taken several grounds for disbelieving the complaint case, including the fact that offences under Section 420, 406, 504 IPC are not made out and the averment for Section 506 and 3(1)(vi) and 3(1)(x) SC/ST Act are doubtful and there is no ground for summoning the proposed accused persons. Aggrieved by this order dated 5.7.2016 of trial Court, present revision has been preferred.

4. In complaint, it is mentioned that for the work performed by revisionist, opposite parties had made part payment, but had not paid full amount; and when complainant reque











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