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2024 Supreme(All) 92

SUBHASH VIDYARTHI
Santosh Kumar @ Santosh Kumar Verma – Appellant
Versus
State of U. P. Thru. Prin. Secy. Deptt. of Home – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Shitesh Jha, Dr. Shailendra Sharma

JUDGMENT :

1. Heard Sri Shitesh Jha, the learned counsel for the applicant and Sri Arun Kumar Verma, the learned A.G.A for the State.

2. By means of an instant application filed under Section 482 Cr.P.C, the applicant has assailed validity of an order dated 20.10.2022 passed by the Additional Chief Judicial Magistrate, Court No. 25, Barabanki in Miscellaneous Application No. 347 of 2022, ordering an application under Section 156(3) Cr.P.C filed by the opposite party no.2 to be registered as an complaint. The applicant has also assailed validity of an order dated 27.07.2023 passed by the aforesaid court summoning the applicant to face the trial court for commission of offences under Sections 452, 323, 506 and 354 I.P.C.

3. The submission of the learned counsel for the applicant is that on the application under section 156(3) filed in the court, a report was called for and the police has submitted a report dated 20.09.2022 stating that the applicant has filed an F.I.R No. 456 of 2022 under Sections 34, 323, 354, 504, 506, 452 I.P.C in P.S Masauli, District Barabanki.

4. After lodging of the aforesaid F.I.R., some persons from the other side again attacked the applicant's house in the nig

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