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2020 Supreme(All) 1479

SHAMIM AHMED
Atul Pandey @ Param Pragyan Pandey – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ali Hasan, Istiyaq Ali

JUDGMENT :

SHAMIM AHMED,J.

1. Heard Shri Ali Hasan, learned counsel for the revisionist and learned A.G.A. appearing for the State and perused the material brought on record.

2. This revision has been filed challenging the order dated 16.10.2020 passed by learned Judicial Magistrate-II, Bhadohi at Gyanpur in Criminal Misc. Application No.3597 of 2020 (Atul Pandey @ Param Pragyan Pandey versus Janardan Pandey) under Section 156(3) Cr.P.C. Police Station-Oonjh, District-Bhadohi after summoning the record from the trial court and remand the case before the learned Magistrate for fresh consideration of the application moved by the revisionist under Section 156(3) CrPC for registration of the FIR against the opposite party no.2 and investigation of the case.

3. The facts of the case are that the revisionist lodged an FIR against the opposite party no.2 in respect of a dispute that arose on 8.1.2020 as case crime no.2/2020 under Sections 323, 504, 506 and 427 IPC. It is alleged that in order to create a false version of a cross case against the revisionist, opposite party no.2 Janardan Pandey fraudulently got himself referred for medical examination by preparing a forged referral letter date

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