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2024 Supreme(All) 1046

SAURABH SHYAM SHAMSHERY
Saida – Appellant
Versus
State Of Uttar Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Arvind Prabodh Dubey,Naushad Alam
For the Opposite Party : G.A.

JUDGMENT :

Hon'ble Saurabh Shyam Shamshery,J.

1. Applicant before this Court is a woman who has filed an FIR bearing No. 0594 dated 10.10.2021 against opposite parties no. 2 to 4 for offence under Sections 452, 376-D, 506 IPC wherein after investigation, a final report being no. 01 dated 31.12.2021 was submitted.

2. It is alleged by applicant that no notice was issued to her on final report and opposite parties no. 2 to 4 put an imposter of applicant and filed an affidavit putting her forged thumb impression along with forged photograph that she does not want to file any protest petition and final report may be accepted. A scanned copy of same is pasted hereinafter :-

3. It is further case of applicant that trial Court on basis of above referred forged affidavit has accepted the final report dated 18.11.2022. For reference, said order is quoted below :-

4. Sri Arvind Prabodh Dubey, learned counsel for applicant has submitted that aforesaid order has been challenged by way of filing a criminal revision bearing No. 402/2022 which is pending before Chief Judicial Magistrate, Moradabad and grounds taken therein are quoted below :-

5. Learned counsel has further submitted that since opposite

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