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2022 Supreme(All) 1035

VIVEK KUMAR BIRLA, VIKAS BUDHWAR
State of U. P. – Appellant
Versus
Israr S/O Raees – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Shiv Kumar Pal

JUDGMENT :

Vikas Budhwar, J.

1. This is an appeal under Section 378(3) of Code of Criminal Procedure (hereinafter referred to as ‘CrPC’) filed against the judgment and order dated 25.2.2022 passed by Additional District & Sessions Judge/ Fast Track Court No.2, Jyotiba Phule Nagar (Amroha) in Session Trial/1700263/2014, State Vs. Israr and others arising out of Case Crime No. 278 of 2012, under Section 364 IPC, P.S. Amroha City, District Amroha, whereby accused-respondents have acquitted.

2. Briefly stated facts shorn off unnecessary details that the complainant Musharraf son of Ashraf, resident of village Nanak Nagli, P.S. Kaanth, Moradabad had submitted a written report on 31.8.2012 to S.P. Amroha with an allegation that he is the resident of village Nanak Nagli, P.S. Kaanth, Moradabad and his son Nusrat aged about 27 years is living for the past 9 years in Amroha in locality Qureshi in the house of one Shoeb as a tenant and his son had married twice as the name of the first wife is Asma and the second wife is Nazmeen. Nusrat being his son about 11 years ago had married Nazmeen daughter of Afsar Khan being in love with her and in the said connection, family members of Nazmeen were fu

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