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2019 Supreme(SC) 496

ASHOK BHUSHAN, K.M.JOSEPH
Vikram Johar – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates Appeared:
For Petitioner(s): Mr. Divyesh Pratap Singh, AOR Ms. Pratiksha Tripathi, Adv.
For Respondent(s): Mrs. Swarupama Chaturvedi, AOR

JUDGMENT :

ASHOK BHUSHAN, J.

Leave granted.

2. This appeal has been filed challenging the judgment of the Allahabad High Court dated 06.02.2017 by which judgment, the criminal revision filed by the appellant was dismissed. The criminal revision was filed by the appellant challenging the order dated 29.11.2016 passed by the Additional Chief Judicial Magistrate rejecting his discharge application moved under Section 239 read with Section 245 Cr.P.C. in a complaint case No.483 of 2013 under Section 504 and 506 of I.P.C.

3. The brief facts of the case, which need to be noted for deciding this appeal are:-

3.1 The respondent No.2 (hereinafter referred to as “complainant”), was a partner of M/s. Ram Company engaged in business of wood processing and sale. The company had its premises at Kosikala, District Mathura, Uttar Pradesh.

3.2 On 18.12.2010 at 3.00 AM fire broke into the premises of M/s. Ram Company. Fire brigade and police were informed, which reached on the spot and fire could be controlled after several hours. The cause of fire was shown as electric short circuit in electric cable. Fire caused damages of stocks, plant and machinery and building. M/s. Ram Company had taken a Standard F







































































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