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2023 Supreme(All) 433

RAM MANOHAR NARAYAN MISHRA
Santosh Kumar – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner: Bhanu Prakash Gupta, Pulak Ganguly.

JUDGMENT :

[Ram Manohar Narayan Mishra, J.]

1. Instant misc. petition under Article 227 of the Constitution has been filed by the petitioner with a prayer to set aside the impugned order dated 01.07.2022 passed by learned District and Sessions Judge, Aligarh in Criminal Revision 106 of 2022 (Santosh Shukla Vs. State of U.P. ) whereby the order dated 24.02.2022 and 04.04.2022 passed by C.J.M., Aligarh in release application regarding a pistol moved by the petitioner in Crime No. 688 of 2021 under Sections 379, 411 I.P.C., has been affirmed. The petitioner has also prayed for setting aside the impugned orders of learned C.J.M. dated 24.02.2022 and 04.04.2022 also.

2. Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the material placed on record.

3. Brief facts of the case are that petitioner is a licensed owner of pistol No. RP 206261. A theft report was lodged by the petitioner at P.S. Banna Devi, District-Aligarh vide crime No. 688/21 under Section 379 I.P.C. against an unknown person, wherein he stated that on 14.11.2021 he had gone to attend a marriage ceremony along with his brothers Krishanveer Singh and friend Pushpendra Singh at Raju Angel Ga

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