SURENDRA PAL KUSHWAHA Vs. THE STATE OF U.P. AND ORS.
LAWS(ALL)-2016-3-51
HIGH COURT OF ALLAHABAD
Decided on March 14,2016

Surendra Pal Kushwaha Appellant
VERSUS
The State of U.P. and Ors. Respondents

JUDGEMENT

Mahendra Dayal, J. - (1.) Heard Sri Hemant Kumar Mishra, learned counsel for the applicant and the learned AGA for the State.
(2.) The applicant has approached this Court by way of filing an application under Sec. 482 Cr.P.C. challenging the judgment and order dated 4.3.2015 passed by the Additional Sessions Judge Court No. 3, Unnao in Criminal Revision No. 106 of 2012 whereby the revision has been dismissed and the order dated 24.2.2012 passed by the Additional Chief Judicial Magistrate Court No. 5, Unnao has been confirmed.
(3.) The facts in brief are that the opposite party No. 2 lodged an FIR upon which the police conducted investigation and submitted final report. When the notice was issued to the opposite party No. 2, he appeared before the court below and filed a protest petition. The learned Magistrate after going through the material on record, came to the conclusion that there was sufficient evidence to proceed against the applicant and other accused persons and thereupon passed the summoning order taking cognizance under Sec. 190(1)(b) Cr.P.C. This order was challenged by the applicant by filing Criminal Revision No. 106 of 2012 which was also dismissed.;


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