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2019 Supreme(All) 1158

SURESH KUMAR GUPTA
Ramji Lal – Appellant
Versus
State Of U. P. – Respondent


Advocates Appeared:
For the Petitioner: B.K. Solanki, Anil Kumar Shukla, P.K.Singh, Satendra Narain Singh
For the Respondent:Govt. Advocate, D.V. Jaiswal,Shri Krishan Yadav

JUDGMENT :

Suresh Kumar Gupta, J.

1. This writ petition has been filed by the petitioner being aggrieved with the order dated 04.08.2004 passed by Additional Sessions Judge in which the summoning order dated 07.09.2000 passed by Magistrate was quashed by Sessions Judge.

2. Main contention of the petitioner is that petitioner lodged an F.I.R. against the opposite party no. 2 to 5 under Sections 323, 324, 308, 504, 506 & 452 I.P.C. Police Station Junction Hathras District Hathras (Mahamaya Nagar).

3. In this case petitioner and his wife Smt. Bhagwati were seriously injured and was examined on 20.04.1998 at 4 A.M. Injury report of Rma Ji Lal and Smt. Bhagwati are annexed as Annexure No. 2, in which Sri Ram Ji Lal have got three injuries of incised wounds. Injury no. 1 was kept under observation and X-ray of the chest was suggested. As per injury report of Smt. Bhagwati there were two incised wounds and one abrasion all injuries were simple in nature.

4. After investigation of this case, final report was submitted by investigating officer on 05.10.1998. After receiving the notice, petitioner has filed protest petition against final report allowing therein the police alongwith collusion of t

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