SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2021 Supreme(All) 560

Y.K.SRIVASTAVA
Sanjay Singh – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Gajala Srivastava, Manish.

JUDGMENT :

YOGENDRA KUMAR SRIVASTAVA, J.

1. Heard Sri. Manish, learned counsel for the applicants and Sri. Pankaj Saxena, learned Additional Government Advocate-I appearing for the State-opposite party.

2. The present application under section 482 Cr.P.C. has been filed seeking to quash the summoning order dated 05.12.2020 in Complaint Case No. 151 of 2019 (Ramkewal vs. Sanjay), under sections 323, 504 and 506 Indian Penal Code and sections 3(1) (r) and 3(1) (s) Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, P.S. Kerakat, District Jaunpur, pending before Special Judge (SC/ST Act), Jaunpur.

3. Learned counsel for the applicants has sought to assail the summoning order principally by contending that the statement of the complainant recorded by the Magistrate under section 200 of the Code of Criminal Procedure, 1973 [the Code] is not in conformity with the allegations made in the complaint. Further, he has sought to refer to the factual aspects of the matter and the defence, which is to be set up by the applicants.

4. On a specific query as to what are the contradictions between the statement under section 200 of the Code and the complaint, apart from referring t

      Click Here to Read the rest of this document
      1
      2
      3
      4
      5
      6
      7
      8
      9
      10
      11
      SupremeToday Portrait Ad
      supreme today icon
      logo-black

      An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

      Please visit our Training & Support
      Center or Contact Us for assistance

      qr

      Scan Me!

      India’s Legal research and Law Firm App, Download now!

      For Daily Legal Updates, Join us on :

      whatsapp-icon telegram-icon
      whatsapp-icon Back to top