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2022 Supreme(All) 152

Ram Nayak Singh – Appellant
Versus
State of Up Thru. Secy. Home – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Paritosh Shukla

JUDGMENT :

SAURABH LAVANIA, J.

1. Heard learned counsel for the applicant as also Sri Anurag Verma, learned AGA for the State.

2. By means of present application under Section 482 Cr.P.C., a challenge has been made to the order dated 07.01.2022 passed by Special Judge (M.P./M.L.A. Court)/Additional Sessions Judge (Court. No. 07), Sultanpur in Sessions Trial No. 312 of 2008 (State v. Ram Nayak Singh & others), under Sections-147, 323, 427, 452, 506, 395, 394 IPC, P.S.-Jaisinghpur, District-Sultanpur, whereby, the Application No. 188 Kha preferred by the applicant under Section 311 Cr.P.C. for recalling of witnesses i.e. PW-1/Ram Newal Tiwari and PW-7/Smt. Kiran Tiwari has been rejected.

3. By the order dated 07.01.2022, in issue, an application No. 185 Kha preferred by complainant/PW-1-Ram Newal Tiwari under Section 319 Cr.P.C. for summoning two police officials namely Pradeep Singh and Ranvir Singh was also rejected but this part of the order is not in issue.

4. It transpires from record that respondent No. 2/Ram Newal Tiwari (PW-1) preferred an application under Section 156(3) Cr.P.C. before the competent Court of jurisdiction, whereupon, the Additional Chief Judicial Magistrate, Court

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