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2020 Supreme(All) 1010

SUNEET KUMAR
Aruna Kori – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Vijay Singh Gour, Tinku Singh

JUDGMENT :

1. Heard Sri Vijay Singh Gour, learned counsel for the applicant, learned Additional Government Advocate (‘AGA’) for the State and Sri Birendra Singh, learned counsel for opposite party no.3/informant.

2. Learned counsel for the applicant is permitted to make necessary corrections during the course of the day.

3. On the consent of the parties, both the aforesaid applications arising from the same case crime number, based on the same allegations, are being heard and decided together.

4. The instant applications have been filed under Section 482 of Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) assailing the charge-sheet dated 03.03.2017 and the consequential cognizance order dated 19.05.2017, passed by the Judicial Magistrate -I, Kanpur Dehat arising from Case Crime No. 35 of 2017.

5. The facts, briefly stated, is that a first information report (‘FIR’) being Case Crime No.35 of 2017, under Section 188 I.P.C. and Section 123 (B) (2) of the Representation of People Act, 1951, Police Station -Rasulabad, District-Kanpur Dehat, came to be lodged by opposite party no.2, Pawan Kumar Rawat posted as F.S.T. Magistrate at Assembly Area No.205, Rasulabad, Kanpur Dehat during the

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