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2021 Supreme(All) 1307

AJAI KUMAR SRIVASTAVA I
Kuldeep Gautam – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Revisionist : Braj Mohan Singh

JUDGMENT :

1. Heard learned counsel for the revisionists, the learned A.G.A for the State and perused the entire record.

2. The instant criminal revision has been filed by the revisionists for setting aside the impugned summoning order dated 23.12.2020 passed by the learned Chief Judicial Magistrate, District Shamli at Chandausi in Complaint Case No.550/2020 (Smt. Pushparani vs. Kuldeep Gautam and others), under Sections 323, 504, 506 I.P.C.

3. Foremost contention of learned counsel for the revisionists is that the impugned summoning order is not in conformity with the statement of the complainant recorded under Section 200 Cr.P.C. and statements of witnesses recorded under Section 202 Cr.P.C. His further submission is that the learned trial Court while passing the impugned summoning order has failed to appreciate the fact that the complainant's version of the incident, as stated in the complaint, is not substantiated by the statement of the complainant recorded under Section 200 Cr.P.C. and the statement of witnesses recorded under Section 202 Cr.P.C. Thus, he has contended that even prima facie no offence is disclosed against the revisionists, despite this fact, they have been summo

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