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2023 Supreme(All) 879

SYED AFTAB HUSAIN RIZVI
Reena – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Revisionist : Satyendra Narayan Singh, Pankaj Kumar Mishra
For the Opposite Party : Sanjay Mishra

JUDGMENT :

1. Supplementary affidavit filed by learned counsel for the revisionists is taken on record.

2. Heard, Sri Satyendra Narayan Singh, learned counsel for the revisionists, learned AGA for the State and Sri Sanjay Mishra, learned counsel for the opposite party no.2/first informant.

3. This criminal revision has been filed against the order dated 13.10.2022 passed by A.C.J.M. Court No.1, Etawah in Criminal Case No.623 of 2012 (State Vs. Balram and others) arising out of Case Crime No.633 of 2009, under Sections 323, 325, 504, 506 I.P.C., P.S. Bharthana, District Etawah. By the impugned order, the learned Magistrate in exercise of powers under Section 319 Cr.P.C. on application of first informant/ prosecution has summoned the revisionists to face trial with co-accused for offence under Sections 323, 325, 504, 506 I.P.C.

4. The opposite party no.2 i.e. Anuj Kumar lodged an F.I.R. on 27.12.2009 at 9 a.m. alleging therein that on 27.12.2009 at about 7 a.m. Ram Sakhi Devi, the mother and Pramod Kumar, the brother of the complainant were collecting cow dungs then Balram Singh, Smt. Gopshree, Ruby and Reena started scuffle with the mother and brother of the complainant and they assault

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