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2016 Supreme(All) 1029

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


Advocates:
Counsel :
Deepak Dubey for the Applicant; A.G.A. and S.K. Pandey-II for the Opposite Party.

JUDGMENT :

Hon'ble Karuna Nand Bajpayee, J.

This application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the part of joint order dated 28.7.2012 passed by learned lower court in S.T. No. 592 of 2007, State vs. Munna and others, under Sections 363, 366, 368, 376, 34 I.P.C., P.S.-Dhoomanganj, District-Allahabad pending before the A.D.J. 23rd, Allahabad whereby the prayer to summon the Magistrate who had recorded the statement of the victim u/s 164 of Cr.P.C. as well as the prayer that the court should do the spot inspection, both have been rejected.

Heard learned counsel for the applicant, learned A.G.A. for the State and learned counsel for the opposite party no. 2. Perused the entire record.

Submission of the counsel for the applicant is that during the course of statement given by the victim-girl, some topographical facts relating to geographical or topographical situation of the town Allahabad have been denied and it was in this connection that an application under Section 310 of Cr.P.C. was moved in the court below. But the court below has wrongly rejected the same. Further submission is that some contradictory statements were made before th









































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