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2020 Supreme(All) 943

DINESH PATHAK
Naved @ Kadeer – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Rajesh Kumar Mishra.

JUDGMENT :

DINESH PATHAK, J.

1. Heard Sri. Rajesh Kumar Mishra, learned counsel for the revisionist and learned A.G.A. for the State.

2. In view of the peculiar facts and circumstances of the case and the order proposed to be passed hereunder, this Court proceeded to finally decide this matter at the admission stage, without putting notice to respondent no. 2.

3. Instant revision has been preferred with a prayer to set aside judgment and order dated 05.11.2020 passed by Additional Sessions Judge/Fast Track Court (Offence Against Women), District-Rampur in Sessions Trial No. 04 of 2020 arising out of Case Crime No. 374 of 2019, under Section 328, 120 B IPC, Police Station-Kemari, District-Rampur, by which discharge application u/s 227 Cr.P.C. filed by the revisionist, had been rejected.

4. Sageer Ahmad has filed an FIR alleging therein that on 20.08.2019 his son Md. Tehsin Raza, aged about 28 years, was found lying unconscious in his room and froth was oozing from his mouth. He had been rescued by two other sons of the informant to the hospital where doctors diagnosed brain haemorrhage like condition and operated his brain. After operation his memory became week. Subsequently, he had bee

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