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2023 Supreme(All) 1677

SUBHASH VIDYARTHI
Banwari Lal Kanchhal – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Amit Jaiswal Ojus Law, Ambrish Singh Yadav, Nadeem Murtaza.
For the Respondent: Vijay Dixit.

JUDGMENT :

SUBHASH VIDYARTHI, J.

1. Heard Sri Jaideep Narain Mathur Senior Advocate assisted by Sri Amit Jaiswal, Sri Nadeem Murtaza and Sri Mohit Singh Advocates, the learned Counsel for the applicant, Dr. V.K. Singh, the learned Government Advocate for the State, Sri Vijay Dixit and Sri Devam Shukla Advocates, the learned Counsel appearing on behalf of the intervenors.

2. Briefly stated, facts of the case are that a First Information Report was lodged by a Sales Tax Officer against the applicant and 10-12 unnamed persons on 06.10.1991 alleging that when the informant was performing his duties in his office, the applicant and the other accused persons entered his office and beaten him up and that some other businessmen had abused and threatened him as to why the informant used to intercept the vehicles loaded with goods. The informant stated that other Sales Tax Officers present in the Sales Tax Office came to the spot due to which the accused persons ran away while threatening that in case any other vehicle is intercepted, the informant will be killed. The informant further alle

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