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2020 Supreme(All) 321

SUDHIR AGARWAL
Archana Gupta – Appellant
Versus
State Of U. P – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Arun Sinha, Riyaz Ahmad
For the Respondents:Govt. Advocate, Vinay Kumar Singh

JUDGMENT :

1. Sri Arun Sinha, Advocate for the applicants is present. None appeared on behalf of opposite party 2 though name of Sri Vinay Kumar Singh, Advocate, is shown in cause list as counsel for opposite party. Hence I proceed to decide the application after hearing learned counsel for applicants and learned A.G.A.

2. Opposite party 2 Complainant Babu Lal Gaur filed an application under Section 156(3) Cr.P.C., which has been treated as complaint and after recording statements of complainant and witnesses under Sections 200 and 202 Cr.P.C., Magistrate has summoned applicants for trial under Sections 406, 420 IPC vide order dated 29.02.2012.

3. It is contended that perusal of complaint shows that if allegations made in the complaint are taken to be correct, yet no offence under Sections 406, 420 IPC is made out.

4. The complaint filed by complainant-opposite party 2 reads as under :

^^1- ;g fd izkFkhZ mijksDr irs dk LFkkbZ fuoklh gS] tks Jheku th ds {ks=kf/kdkj esa vkrk gSA

2- ;g fd mijksDr foi{khx.k esllZ fjyk;Ul dE;qfuds'kUl ds fy, Bsdsnkjh dk dke djrs gSA mijksDr foi{khx.kksa us izkFkhZ dks esllZ,0oh0vkbZ0 daLVªD'kUl dEiuh] ,&17] vkLFkk dqat] lkÅFk flVh] jk;cjsyh jksM] Fkkuk eksgu

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