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2023 Supreme(All) 490

SYED AFTAB HUSAIN RIZVI
Bablu @ Dinesh Singh – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Revisionist :Anurag Vajpeyi, Atharva Dixit, Aushim Luthra, Sr. Advocate.
For the Opposite Party : G.A., Abhishek Kumar, Udai Chandani.

JUDGMENT :

1. Heard Sri Manish Tiwari, learned Senior Counsel assisted by Sri Aushim Luthra, learned counsel for the revisionists, Sri Udai Chandani, learned counsel for the O.P. No. 2 and learned A.G.A. for the State.

2. This criminal revision is directed against the order dated 6.9.2022 passed by Additional Sessions Judge/Special Judge (Gangster Act) F.T.C. (1st) Gautam Budh Nagar in S.T. No. 675 of 2015 under section 147, 148, 302/149, 307/149, 323/149, 504, 506 IPC (State of U.P. and another Vs. Gyani and others), P.S. Knowledge Park, District Gautam Budh Nagar. By the impugned order the learned trial court on application of prosecution under section 319 Cr.P.C. has summoned the revisionists-accused to face trial for offence under section 147, 148, 302/149, 307/149, 323/149, 504 and 506 IPC.

3. An FIR was lodged on 10.5.2015 at 15:20 hours by Mahesh Chandra against 16 named and several unnamed persons alleging therein that on 10.5.2015 the complainant with his brother Vijendra, uncle Ishwar Singh, Sonu @ Pushkar, Mahendra, Ramesh, Suresh, Karme @ Karam Singh, Naveen @ Kale, Sonu S/o Ramesh, Mintu @ Shyama Singh was ploughing his field situated at Hamlet Gulawali. At about 10:30 a.

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