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DINESH KUMAR SINGH
Om Prakash – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
(Application No.14 of 2022)
1. The application seeks recall of the order dated 12.04.2022.
2. Heard learned counsel for the applicants-petitioners.
3. Allowed.
4. Order dated 12.04.2022 is hereby recalled.
5. The petition is restored to its original number.
(Order on Memo)
6. Present petition under Section 482 Cr.P.C. has been filed seeking quashing of the proceedings of Criminal Case No.3682 of 2010: Smt. Madhuri vs Anoop Kumar & Ors, arising out of Case Crime No. 879 of 2008 under Sections 147, 302, 201 IPC, Police Station Mishrikh, District Sitapur as well as summoning order dated 23.12.2015 whereby the petitioners have been summoned to face trial under Sections 147, 302, 201 IPC.
Further challenge has been made to the order passed by the learned Additional Sessions Judge, Court No.11, Sitapur in Criminal Revision No.50 of 2016 dismissing the revision of the petitioners instituted against the summoning order dated 23.12.2015.
7. The complainant/respondent No.2 filed an application on 14.12.2007 under Section 156(3) Cr.P.C. alleging that her son was killed on 12.11.2007 at around 9 A.M. by the accused-petitioners and his dead body was hanged from a tree. On the basis of order pa
The mandatory requirement of recording evidence under Section 200 and 202 Cr.P.C. before summoning the accused and the limited nature of the inquiry under Section 202.
Point of Law : Judicial conscience of High Court would persuade it to exercise its power under Section 482 of the Cr.P.C. to quash such criminal proceedings, for that would prevent abuse of process o....
A magistrate can independently assess investigation materials and register a protest petition as a complaint if sufficient grounds are provided, emphasizing the standard of prima facie evidence at th....
An order summoning an accused in a criminal case is not an interlocutory order and revision is maintainable. The Magistrate must apply his mind to the facts of the case and law governing the issue an....
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