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2019 Supreme(All) 2700

RAM KRISHNA GAUTAM
Gyan Chand – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Amresh Kumar Tiwari and Dharmendra Dhar Dubey

JUDGMENT :

Ram Krishna Gautam, J.

1. This criminal revision under section 397/401 Cr.P.C. has been with a prayer for quashing the order dated 3.10.2019, passed by learned Chief Judicial Magistrate, Court No. 17, Deoria, on application filed under section 245(2) Cr.P.C. as well as the proceeding of Complaint Case No. 872 of 2019 (Old No. 225 of 2014), under sections 323, 354, 380, 427, 504, 506 I.P.C., Awinash v. Gyan Chand and others, pending before learned Chief Judicial Magistrate, Deoria.

2. Heard Sri Dharmendra Dhar Dubey, Advocate, holding brief of Sri Amresh Kumar Tiwari, learned Counsel for revisionists and learned A.G.A. for State.

3. Learned Counsel for revisionists argued that initially date and time of occurrence was said to be different. Subsequently, by tampering, the same was changed from 23.4.2014 at 5 P.M. to 23.11.2014 at 3.10 P.M. and this was with intention to keep pace with medico legal report. This apparent tampering was challenged in a proceeding under section 340 Cr.P.C., but no cognizance was taken. Hence, a proceeding under section 482 Cr.P.C. was filed before this Court, wherein a direction was made for time bound disposal of above application moved under sect

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