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2020 Supreme(All) 425

KARUNESH SINGH PAWAR
Pawan Kumar Tyagi – Appellant
Versus
State Of U. P. Thru. S. S. P. , Lko – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Lakshmi Narain, R.D. Pathak, Shamsher Ali, V.K. Tripathi Counsel

JUDGMENT :

1. The petition has been filed under Section 482 Criminal Procedure Code for quashing order dated 20.11.2017 passed in Complaint Case No.2664/2014 by Addl. Chief Judicial Magistrate, Court No.31, Lucknow and order dated 16.10.2018 passed by Addl. District & Sessions Judge, Court No.9, Lucknow in Criminal revision No.966 of 2017

2. In the petition it has been pleaded that respondent No.2 Jagdish Saran had borrowed a sum of Rs.2 lacs from the petitioner on 20.11.2010, however, respondent did not repay the borrowed money. On a request being made by the petitioner to repay the money, respondent No.2 abused him and threatened to kill. The petitioner, in this context, submitted an application to the police of police station Talkatora, Lucknow and higher police authorities. However, finding that no action was being taken by the police, the petitioner filed a Complaint Case No.2664 of 2014 which has been rejected by the Court below vide order dated 20.11.2017.

Feeling aggrieved, the petitioner filed a Criminal Revision No.966 of 2017 before the Sessions Court, which too has been rejected vide a detailed order dated 16.10.2018 (Annexure-3).

3. Learned counsel for the petitioner has s

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