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2023 Supreme(All) 1671

SHREE PRAKASH SINGH
Jawahar Lal – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ramakar Shukla.
For the Respondent: Satyendra Kumar Tiwari.

JUDGMENT :

SHREE PRAKASH SINGH, J.

1. Heard Sri Ramakar Shukla, learned counsel for the applicants, Smt. Nusrat Jahan, learned A.G.A. for the State and Sri Satyendra Kumar Tiwari, learned counsel for the complainant.

2. By means of instant application, the applicants have assailed the impugned order dated 10-02-2023 passed by the learned Sessions Judge, Sultanpur (now pending in the court of learned Additional Sessions Judge, Court No. 4, Sultanpur) in Sessions Trial No. 1080 of 2022, State of U.P. vs. Sadhna @ Gudiya and Another, arising out of Case Crime No. 77 of 2022, under sections 302/34 and 201 of I.P.C. Police Station-Sangrampur, District Amethi.

3. The facts of the case, in brief, are that the first information report was lodged by the complainant, namely Banshi Lal Gupta on 29-04-2022, at 04.01 P.M. with respect to the incident which occurred on 04-04-2022. On the said date, the complainant’s son, namely, Anikesh @ Madan, aged about 22 years, left his house at about 07.00 P.M. to visit Kalikan Dham. On the way, he met the applicants nearby their houses, but, thereafter, he did not come back. It is alleged that the applicant no. 2 namely, Sadhna @ Gudiya was having love affair

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