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2022 Supreme(MP) 82

G. S. AHLUWALIA
Radheshyam Kushwah – Appellant
Versus
State of M. P. – Respondent


Advocates:
R. K. Sharma with V. K. Agarwal for applicant;
A. K. Nirankari for respondent No. 1/State;
Sanjay Gupta for respondent No. 2.

JUDGMENT

1. This criminal revision under section 397, 401 of CrPC has been filed against the order dated 19.7.2019 passed by Fourth Additional Sessions Judge, Morena in Sessions Trial No.84/2018, by which the trial Court by exercising its power under section 319 of CrPC has summoned the applicant as an additional accused.

2. It is submitted by the counsel for the applicant that the complainant lodged an FIR on 28.6.2017 at 22:50 on the allegations that there is a public way in front of the house of the applicant and whenever the said public way is used by his family members, then the family members of the applicant used to abuse them and, accordingly, on 28.6.2017 the Revenue Officers had come from Tahsil Office for demarcation purposes. Her husband Kapil, father-in-law Kamlesh and younger brother-in-law Sahdev were sitting in front of their house at 06:30 p.m.. On the issue of demarcation, the applicant as well as Raju armed with Farsa, Laxman armed with Sabbal, Sudama armed with spade, Pradeep armed with axe, Khachera armed with lathi and three more persons whose names are known to them, came to the house of the complainant and the applicant and Raju started scolding her fatherin-

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