Guddi vs State of U. P. - 2023 Supreme(All) 2912

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2912

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

Advocates:
Advocate Appeared:
For the Appellants : Kamini Pandey, Ajay Dubey, Ram Jatan Yadav
For the Respondent: Sushil Singh

JUDGMENT :

RAM MANOHAR NARAYAN MISHRA, J.

1. 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 vs. 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 alongwith Narendra Kumar and Kaushlendra. He found that accused persons namely, Smt. Guddi and others were engaged in constructing a wall in his field in illegal manner with a view to grab his field. When he objected to this, accused Ram Prakash pointed butt of a spade and Kishan Singh pointed out his countrymade pistol on temple of the applicant. The accused persons engaged i