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2016 Supreme(All) 4125

PRAMOD KUMAR SRIVASTAVA
Rajendri Devi – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Applicant :- R.P.S. Chauhan
For the Opposite Party :- G.A., Devesh Kumar Shukla

JUDGMENT

Pramod Kumar Srivastava, J.

1. Present Sri R.P.S. Chauhan for applicant, Sri Devesh Kumar Shukla for O.P. no.-2 and AGA for the O.P. no.-1 State. Heard and perused the record.

2. Admitted facts of the matter is that son of complainant-applicant, opposite party no.-2 had died. On report lodged by Rakesh Kumar father of the deceased, that case was investigated, in which after investigation, charge-sheet was filed by the police for offence under section 304-A IPC. Thereafter Rajendri Devi, the mother of the deceased (present applicant) had filed complaint case no. 6381 of 2014. in this case, after accepting evidences under section 200 and 202 CrPC, the court of ACJM-II, Aligarh had passed order of cognizance and summoning against opposite party no.-2 (Ranjeet) on 31.3.2015 for offence under section 304 IPC.

3. Against the aforesaid order dated 31.3.2015, Criminal Revision No. 329 of 2015 (Ranjeet Vs. State of UP & another) was preferred by present opposite party no.-2 Ranjeet. The revisional court had allowed this revision on 7.5.2016 and quashed the order dated 31.3.2015 of trial court, and directed that on the basis of discussion mentioned in this judgment, trial court will








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