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2024 Supreme(All) 996

SAURABH LAVANIA
Bare Lal Pandey – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Surya Prakash Singh.

JUDGMENT :

SAURABH LAVANIA, J.

1. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the records.

2. By means of the present application, the applicant has assailed the order dated 28.02.2023 passed by Chief Judicial Magistrate, Pratapgarh (in short “trial Court”) in Criminal Misc. Case No. 349 of 2023 (Bade Lal Pandey Vs. Arpan alias Anil Pandey and Another) whereby the trial Court entertained the application preferred by the applicant under Section 156(3) Cr.P.C. as a complaint case. The order impugned, on reproduction, reads as under:

3. The applicant has also assailed the order dated 06.03.2024 passed by Additional Sessions Judge/Fast Tract Court, Pratapgarh (in short “revisional Court”) passed in Criminal Revision No. 180 of 2023 (Bade Lal Pandey Vs. Arpan alias Anil Pandey and Another) whereby the revisional Court dismissed the criminal revision filed by the applicant impeaching the order dated 28.02.2023. The relevant portion of the order, on reproduction, reads as under:

Krishna Kumar Tiwari vs. State of U.P., 2009 (5) ALU 1 (AII-LB.) esa vo/kkfjr fd;k gS fd Where an application u/s. 156(3) CrPC was rejected on the ground that the alleged

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