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2020 Supreme(All) 138

RAM KRISHNA GAUTAM
Shyam Babu – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Akhil Kumar Shukla.
For the Respondents: Radha Mohan Pandey, Rajendra Kumar Ojha.

JUDGMENT :

RAM KRISHNA GAUTAM, J.

1. The applicants namely, Shyam Babu, Sri Kant and Ram Niwas, by means of this application, under Section 482 Cr.P.C. have invoked the inherent jurisdiction of the Court with prayer to set aside impugned summoning order with entire proceeding of Complaint Case No. 5/11/2005, State vs. Ram Babu and Others, under Sections 419, 420, 467, 468, 471 I.P.C. and P.S. Chibramau, District Kannauj, wherein, summoning order dated 28.8.2012, has been passed by learned Judicial Magistrate, Chibramau, Kannauj, against applicants.

2. Heard learned counsel for the applicants and learned A.G.A. for the State.

3. Learned counsel for the applicants argued that this case crime number was got registered, by way of an application moved under Section 156(3) of Cr.P.C. wherein, investigation resulted in submission of final report. Against final report, a protest petition was filed, annexing therewith certain affidavits and documents. On the basis of these documents, order dated 28.8.2012, was passed by Judicial Magistrate, Chibramau, District Kannauj, wherein, final report was rejected and applicants were summoned for offences punishable under Sections 419, 420, 467, 468, 471

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