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2023 Supreme(All) 916

JYOTSNA SHARMA
Angad – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sanjeev K. Tiwari, S.K. Singh.
For the Respondent: Gokaran Singh.

JUDGMENT :

JYOTSNA SHARMA, J.

1. Heard Sri Shashi Kant Dwivedi, learned counsel for the petitioner and Sri Gokaran Singh, learned counsel for the respondent no. 2 and learned A.G.A. for the State and perused the record.

2. This criminal writ petition under Article 226 of the Constitution of India has been filed against the judgment and order dated 05.09.2011 passed in Criminal Revision No. 222 of 2010, Ajay Kumar and Others vs. State of U.P. and Another) by Additional District & Sessions Judge, court no. 3, Mau whereby the order of Chief Judicial Magistrate, Mau passed in complaint case no. 4289 of 2008 dated 31.08.2010 was not interfered at and the revision was dismissed.

3. The petitioner has prayed for issuance of direction in the nature of ceriorari to quash both the orders dated 05.09.2011 and 31.08.2010.

4. For clarity following relevant facts are being narrated:

    (i) Respondent no. 2 Angnoo Singh Yadav filed a criminal complaint before C.J.M. Mau alleging that co-accused Dhanauti Devi sold her house to complainant’s aunt Buddha Devi in 1986; accused-petitioner no. 1 Angad stood as marginal witness, and Buddha Devi sold that house to complainant’s bhabhi Radha Devi in 2007 and since

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