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2023 Supreme(All) 1117

GAJENDRA KUMAR
Vishwanth Singh Rathaur – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mukesh Kumar

JUDGMENT :

1. Heard Sri Mukesh Kumar, learned counsel for the applicants, learned AGA for the State-respondent (O.P. No.1) and perused the material available on record. As legal point is involved in the matter, no notice is required to be issued to the opposite party no.2.

2. By way of this application under Section 482 CrPC, the applicants have prayed for quashing of the order dated 15.03.2023 passed by the learned Additional Civil Judge, Jr. Division/Judicial Magistrate, Court No.1, Varanasi in Complaint Case No.2803 of 2018 (Lalchand Vs. Vishwanath Singh Rathour and others), under Sections 323, 342, 379, 504 and 506 IPC, Police Station-Bhelpur, District-Varanasi as well as summoning order dated 16.01.1998.

3. By means of the impugned order the learned Additional Civil Judge, Jr. Division/Judicial Magistrate, Varanasi Complaint Case No.2803 of 2018 (Lalchand Vs. Vishwanath Singh Rathour and others), under Sections 323, 342, 379, 504 and 506 IPC, Police Station-Bhelpur, District-Varanasi rejected the application of the applicant under Section 197 of Cr.P.C., against which, the present application has been filed. A further prayer has been made for staying the entire proceedings of Com

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