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2017 Supreme(SC) 338

A.K.SIKRI, ASHOK BHUSHAN
Vineet Kumar – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Appellants : Karunakar Mahalik, Dr. Gajendra Prasad Singh, R. Chandra, Advs.
For the Respondents: Nar Hari Singh, Adv.

JUDGMENT

Ashok Bhushan, J.

This appeal has been filed against the judgment dated 16.12.2016 of the High Court of Judicature at Allahabad dismissing the Application filed by the appellants under Section 482 Cr.P.C. Appellants had filed Application under Section 482 Cr.P.C. for quashing the judgment and order dated 03.08.2016 passed by Additional Chief Judicial Magistrate-IV, Moradabad summoning the appellants for an offence under Section 452, 376(d) and 323 IPC, as well as order dated 22.10.2016 passed by the District Sessions Judge, Moradabad dismissing the Criminal Revision filed by the appellants. The appellants shall hereinafter be referred to as accused and respondent No.2 as complainant. The facts of the case as emerged from the records need to be noted for deciding the issues raised in this appeal.

2. The accused have made several financial transactions with complainant, Smt. Rekha Rani, her husband, Akhilesh Kumar and her son, Ankur in the months of May, 2015. Accused No.3 gave Rs. 9 lakh to husband and son of the complainant for business purposes. An amount of Rs. 7 lakh 50 thousand was given in cash to complainant and her husband by accused No.1. Further, husband of complaina











































































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