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2024 Supreme(All) 702

MAYANK KUMAR JAIN
Heera Lal – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Imran Ullah,Vineet Vikram
For the Opposite Party : G.A.,Rishikesh Tripathi

JUDGMENT :

Mayank Kumar Jain, J.

1. Heard learned counsel for the applicants, learned Additional Government Advocate for the State.

2. Present application under Section 482 Cr.P.C. has been filed to set aside the impugned order dated 21.7.2023 in Special Criminal Case No. 108 of 2022 passed by the Additional District and Sessions Judge/Special Judge (Dacoit Affected Area), Banda, whereby the applicants have been summoned to face trial under Section 392, 323, 504 and 506 I.P.C. It is also prayed to stay further proceeding of the aforesaid case during pendency of present application.

3. The case of the complainant as set out in this complaint is that:-

3.1. That the marriage of the first informant was solemnized in 2005 with the daughter of applicant no. 1. Out of this wedlock, one son namely Harshit was born. The son is residing with the applicants after the death of his mother.

3.2. The first informant is working as a professor/doctor in Government Hospital, Banda.

3.3. The applicants are keeping Harshit with them without any authority and have fetched thousands of rupees from the first informant.

3.4. On 9.3.2022, at around 3:40 P.M., applicant no. 1 armed with a rifle, applicant no. 2 ca

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