Jitendra Babu and Another Vs State of U.P. and Another

Court No. - 17

Case :- APPLICATION U/S 482 No. - 7626 of 2005

Applicant :- Jitendra Babu And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Chandar Keshwar Singh Counsel for Opposite Party :- Govt. Advocate,A.K. Malviya

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Hon'ble Suresh Kumar Gupta,J.

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List revised. Learned counsel for the applicants is present. None is present for the opposite party.

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This application under Section 482 Cr.P.C. has been filed to quash the proceedings of case no. 636 of 2004 under Section 395, 397 I.P.C. and 3 (1) (X) S.C./S.T. Act pending in the court of A.C.J.M, Hamirpur and the order dated 27.10.2004 and 3.3.2005 passed by A.C.J.M., Hamirpur in case no. 636 of 2004.

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Heard learned counsel for the applicants and learned A.G.A.

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It has been contended by the learned counsel for the applicants that initially a case was registered against the applicants on behalf of the complainant under Section 156 (3) Cr.P.C. in the court of C.J.M., Hamirpur. After investigation final report was submitted by the Investigating officer. After filing of the final report complainant/opposite party was summoned then opposite party filed protest petition and the same was treated as complaint case.

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Complainant, Rajendra and witnesses Raju and Satish were examined and finally summoning order dated 27.10.2004 was passed. But from the perusal of the summoning order it is not clear that under which sections summoning order was issued and thus the impugned order is a non speaking order and therefore, the impugned order is hereby is quashed.

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The application is allowed. The learned court below is directed to reconsider the matter and pass an appropriate order a fresh expeditiously in accordance with law.

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A copy of this order be transmitted to the court below concerned for necessary compliance.

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Order Date :- 28.2.2019

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A. Pt. Singh

Jitendra Babu and Another v. State of U.P. and Another

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Jitendra Babu and Another v. State of U.P. and Another

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