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2016 Supreme(All) 1415

SUNEET KUMAR
MAHESH TIWARI – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Chetan Chatterjee for the Applicant; G.A. and Amit Kumar Srivastava for the Opposite Parties.

JUDGMENT

Hon’ble Suneet Kumar, J.—The prospective accused /applicant has approached this Court, in proceedings under Section 482 Cr.P.C., assailing order dated 31 February 2015 passed by the Revisional Court /Additional Sessions Judge, Court No. 1 Bareilly, in Criminal Revision No. 22 of 2015 (Mahesh Tiwari v. State of U.P. and others) affirming summoning order dated 17 December 2014 passed by the Judicial Magistrate-1 Anwla, Bareilly in complaint case No. 743 of 2014 for an offence under Section 193 IPC.

2. The facts, briefly is, that the applicant instituted a suit for permanent injunction against the complainant/opposite party No. 2 being suit No. 94 of 2013 (Sri Subhash Inter College, Anwla through its Manager, Mahesh Tiwari, Advocate v. Smt. Ruchi Saxena and others). The plaint was duly supported by an affidavit sworn by the applicant which was stated to be true to personal knowledge. In paragraph 16 of the affidavit filed in support of the plaint, it was averred that the cause of action for instituting the suit arose on 26 July 2013 when the opposite party No. 2/complainant threatened the principal of the college to remove the wall, however, in the event of failure, it was all




































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