Guddi vs State of U. P. - 2023 Supreme(All) 2460

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2460

RAM MANOHAR NARAYAN MISHRA
Guddi – Appellant
Versus
State of U. P. – Respondent

Advocates appeared:
For the revisionists : Kamini Pandey,Ajay Dubey,Ram Jatan Yadav.
For the Opposite Parties :Govt. Advocate,Sushil Singh.

Table of Content
1. factual background of the case (Para 2 , 3)
2. arguments presented by both parties (Para 4 , 5)
3. court's analysis on summoning order (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16)
4. court's final conclusion and order (Para 17 , 18)

JUDGMENT

Ram Manohar Narayan Mishra, J.

Heard learned counsel for the revisionists, learned counsel for the opposite party No.2, learned AGA for the State and perused the material placed on record.

2. Instant criminal revision has been preferred against the impugned order dated 10.9.2013, passed by Special Judge (D.A.A.), Agra, in Complaint Case No.109 of 2013, Layak Singh Varma v. Smt. Guddi and Others, under Sections 395 , 397 IPC, Police Station Etmadpur, District Agra, whereby the accused revisionists have been summoned to face trial for charges mentioned as above.

3. The factual matrix of the case in brief are that the complainant filed an application under Section 156(3) Cr.P.C. before Special Judge (D.A.A.) Agra with averment that on 28.9.2013 at around 10:00 AM, he visited his agricultural field along with Narendra Kumar and Kaushlendra. He found that accused persons namely, Smt. Guddi and others were engaged in constr