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2021 Supreme(All) 545

Y.K.SRIVASTAVA
Prem Das – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Ram Jatan Yadav.

JUDGMENT :

YOGENDRA KUMAR SRIVASTAVA, J.

1. Heard Sri. Ram Jatan Yadav, learned counsel for the petitioner and Ms. Sushma Soni, learned Additional Government Advocate appearing for the State-Respondents.

2. The present petition under Article 227 of the Constitution of India has been filed principally for the following prayers:

    “(i) To set aside the judgment order dated 19.10.2020 passed by Additional District and Sessions Judge, Room No. 20, Agra in Criminal Revision No. 408 of 2019 (Prem Das vs. State of U.P. and Others) as well as order dated 31.05.2019 passed by Additional Chief Judicial Magistrate, Room No. 6, Agra in Misc. Case No. 24928 of 2019 (Prem Das vs. Sandeep Agrawal) under Section 156(3) Cr.P.C. Police Station-Hariparvat, District Agra. (Annexure Nos. 4 and 2 of this Petition).

(ii) To direct the respondent nos. 2 and 3 to register the first information report against the respondent nos. 4 to 6 and investigate the matter and submit the police report before the court concern in accordance with law.”

3. The records of the case indicate that upon an application dated 4.2.2019 under section 156(3) of the Code of Criminal Procedure, 1973 [the Code] the Additional Chief Judicial

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