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SAURABH LAVANIA
Piyush Singh @ Bobby Yadav – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
SAURABH LAVANIA, J.
1. Heard counsel for the applicant and Sri Nirmal Kumar Pandey, learned A.G.A. for the State.
2. By means of the present application, the applicant has assailed the pending criminal proceedings against him arising out of Case Crime No. 89/2023, under Section 323, 364, 143, 147, 341, 342, 427 IPC, Police Station Hasanganj, District Unnao and summoning order dated 28.06.2023, passed by Additional Chief Judicial Magistrate, Court No. 3, Unnao whereby the applicant has been summoned under Section 323, 147, 143 IPC. The relevant portion of the order dated 28.06.2023 reads as under:
3. The applicant has assailed the impugned order on the sole ground that the applicant was not present at the situs/place of crime, as appears from the submissions advanced by the counsel for the applicant, as also from the averments made in Para 12 and 13 of the affidavit filed in support of the application. The same are extracted hereunder:
13. That the Petitioner has also stated his version be
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