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2019 Supreme(All) 1543

RAHUL CHATURVEDI
Pradeep Kumar Tiwari – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Indra Kumar Chaturvedi
For the Respondent: G.A., Uday Shankar Tiwari

JUDGMENT :

RAHUL CHATURVEDI, J.

1. Heard Sri I.K.Chaturvedi, learned counsel for the revisionist, Sri Kamal Krishna, learned Senior Counsel assisted by Sri Uday Shankar Tiwari, learned counsel for the opposite party nos. 2 to 8, learned AGA for the State at length and perused the record.

2. This criminal revision is preferred by Pradeep Kumar Tiwari, complainant/informant of the case, who is aggrieved by the order dated 28.10.2017 by which learned Sessions Judge, Basti while rejecting the application no. 35Kha under Section 319 Cr.P.C. has declined to summon opposite party nos. 2 to 8 in S.T. No. 211 of 2016 (State Vs. Roop Narayan Giri & others) under Section 302 IPC, P.S. Kaptanganj, District Basti.

3. Pleadings between the parties have been exchanged and the matter has been ripe for final argument.

4. Submission made by counsel is that the revisionist Pradeep Kumar Tiwari lodged an FIR on 08.07.2016 at 6.30 a.m. for the incident said to have been taken place during 07.07.2016 and 08.07.2016 at unknown time against :

    (i) Rajendra Prasad Mishra

(ii) Virendra Kumar Mishra

(iii) Mahendra Kumar Mishra

(iv) Surendra Kumar Mishra

(v) Ankur Mishra

(vi) Ram Sumer Giri

(vii) Roop Narayan Giri

(viii) M

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