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2023 Supreme(Online)(ALL) 13192

ALLAHABAD HIGH COURT
AJAY AND ANOTHER – Appellant
Versus
State of U.P. AND ANOTHER – Respondent


Advocates:
['DEWENDRA SINGH', '', 'SATYENDRA NARAYAN SINGH', 'G A', '', 'KARUNESH PRATAP SINGH', 'AMIT KUMAR YADAV']

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Court No. - 88

Case :- CRIMINAL APPEAL No. - 8651 of 2022

Appellant :- Ajay And Another

Respondent :- State of U.P. and Another

Counsel for Appellant :- Dewendra Singh,Satyendra Narayan Singh

Counsel for Respondent :- G.A.,Amit Kumar Yadav,Karunesh Pratap

Singh

Hon'ble Raj Beer Singh,J.

1.

Heard learned counsel for the appellants, learned counsel for the

informant/respondent No. 2 and learned A.G.A. for the State.

2.

The present criminal appeal has been preferred against summoning

order dated 01.10.2022, passed by the Additional Sessions Judge/Special

Judge (SC/ST Act), Gorakhpur in S.S.T. No. 09 of 2016 (State of U.P. Vs.

Rama Shankar Gaur & others), arising out of Case Crime No. 210 of 2013

under Sections 419, 420, 406, 323, 504, 506 I.P.C. and Section 3(1)X of SC/

ST Act, P.S. Sahjanwa, District Gorakhpur, whereby the trial court has

summoned the appellants under Section 319 Cr.P.C.

3.

Learned counsel for the appellants has argued that the impugned

summoning order is against the facts and law and thus liable to be set aside.

The first information report of this case was registered on 16.11.2011 by the

informant/respondent No. 2 by moving an application under Section 15

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