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2023 Supreme(All) 1617

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


Advocates Appeared:
For the Petitioner: Raghuvansh Misra.
For the Respondent: G.A., Alok Singh, Deepak Dubey.

JUDGMENT :

1. Heard Raghuvansh Misra, learned counsel for the petitioner, Sri Alok Singh, learned counsel for private respondent nos. 2 to 6 and Sri S.C. Mishra, learned AGA for the State.

2. This petition under Article 227 of the Constitution has been filed by the petitioner claiming following relief:-

    “(i) issue an appropriate order or direction to set aside the order dated 17.10.2022 of Sri Vivek Sangal, Sessions Judge, Agra in Criminal Revision no. 93 of 2020 (Dilip and others versus State of U.P. and another).”

3. Relevant facts are as below:-

    Smt. Gudiya moved an application under section 156(3) Cr.P.C., on the basis whereof case no. 51 of 2019 under sections 147, 148, 149, 323, 325, 452, 504, 506 and 302 IPC was registered. The allegations in nutshell are that the father and brother in-law of the informant were assaulted with ‘lathi-danda’. They managed to escape. 10 minutes later, the accused persons namely, Than Singh, Dilip, Pawan armed with firearms and other accused persons namely, Sunil, Anil, Lalit and Sachin carrying lathi, danda, farsa came to the informant’s house and assaulted her mother in-law Patri Devi. Accused Dilip and Pawan fired at Mahendra and Sachin, which acc

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