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2013 Supreme(All) 3015

ARVIND KUMAR TRIPATHI II
Suman Tiwari – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner: Dhirendra Kumar Mishra.
For the State : Rajendra Kumar Dwivedi, A.G.A.

JUDGMENT

Arvind Kumar Tripathi (II),J.

List has been revised. None appeared for O.P. No.2.

2. This petition under section 482 Cr.P.C. has been filed by the petitioner for quashing the judgment / order dated 5.1.2013 passed by Additional District and Sessions Judge, Room No. 7, Faizabad in Criminal Revision No. 225/12 (Vijay Kumar Vs. State of U.P.) by which the revisional court has quashed the summoning order in complaint case no. 1002 of 2011 under section 376, 506 I.P.C., P.S. Gosaiganj, District Faizabad.

3. A perusal of the order reveals that an application under Section 156(3) Cr.P.C. was moved by the victim in Police Station Gosaingan, Faizabad orders for investigation were passed. After investigation, final report was submitted. Final report was treated as complaint case and statemnt of witnesses under Section 200 and 202 Cr.P.C. was recorded. After recording the evidence, learned Magistrate summoned the accused persons to face trial under Section 376, 506 Cr.P.C. Two of the accused persons filed revision against that order and those revisions were dismissed by the Sessions Court. It was submitted that a third revision was filed which was transferred to another court and that







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