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2019 Supreme(All) 511

DINESH KUMAR SINGH
Indra Mani Mishra – Appellant
Versus
State of UP – Respondent


Advocates Appeared:
Diwakar Pratap Pandey, Adv., Prahlad Maurya, Adv.

JUDGMENT :

DINESH KUMAR SINGH, J.

1. This petition under Section 482 Cr.P.C. has been filed for quashing of the judgment and order dated 16.9.2015 passed by the Additional Session Judge, Ambedkar Nagar in Criminal revision No.Nil of 2015, whereby the revisional court affirmed the oder dated 1.9.2015 passed by the Magistrate in Complaint Case No.0305136 of 2014 rejecting the complaint in a mechanical manner without proper appreciation of record, misinterpretation of law and without applying his mind.

2. The petitioner/complainant filed an application under Section 156(3) Cr.P.C. against the accused-respondents praying therein for registering and investigating of the offence against them. The allegations in the application are that in the month of December, 2010, the accused along with one Vinod Tripathi came to the house of the complainant and convinced him that if he can give Rs.eight lakhs, then he would speak to the Chief Minister Ms. Mayawati for appointment of his son in the Excise Department as Constable. He spoke in a convincing manner in presence of Vinod Tripathi and wife of the complainant Urmila and son Lalit Mishra. Thereafter, believing in the assurance given by the accuse














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