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2024 Supreme(All) 71

SURENDRA SINGH I
Bharat Singh Kushawaha – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ajay Sengar.
For the Respondent: Gaurav Singh Tomar.

JUDGMENT :

SURENDRA SINGH-I, J.

1. Heard Sri Ajay Sengar, learned counsel for the revisionist, Sri Subhash Gosain, Advocate, holding brief of Sri Gaurav Singh Tomar, learned counsel for the opposite party no. 2 and learned A.G.A. for the State.

2. This criminal revision has been filed against impugned order dated 22.03.2023 passed by Chief Judicial Magistrate, Jalaun at Orai in Criminal Misc. Case No. 19 of 2023 (Bharat Singh Kushwaha vs. Smt. Vijay Lakshmi @ Bulbul), Police Station Kotwali Orai, District Jalaun.

3. By the impugned order, learned Magistrate rejected the application u/s 156 (3) Cr.P.C. filed by the revisionist.

4. The revisionist/applicant, Bharat Singh Kushwaha, had filed application u/s 156 (3) Cr.P.C. on 17.01.2023 contending that his son, Gopal Krishna alias Rinku aged 32 years, was living from long duration separately from him with his wife Smt. Vijay Lakshmi @ Bulbul and his children. On 04.09.2022, Gopal Krishna alias Rinku, after working as electrician, returned to his house at 10.30 p.m. After sometime, the revisionist was informed that his son became unconscious. There were mark of injuries on his neck. He was taken to the hospital for treatment where the docto

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