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MA No. 2929 of 2017. Case: Master Ushman and Others Vs State of U.P. and Another. High Court of Allahabad (India)

Judgment Cited in Precedent Map Related
Vincent
Case NumberMA No. 2929 of 2017
CounselFor Appellant: Ashwini Kumar Srivastava, Adv.
JudgesManoj Misra, J.
IssueConstitution of India - Article 227
Judgement DateMay 09, 2017
CourtHigh Court of Allahabad (India)

Judgment:

Manoj Misra, J.

Heard learned counsel for the petitioners and perused the record.

The present petition under Article 227 of the Constitution of India has been filed challenging an order dated 31st August, 2016, passed by Additional Chief Judicial Magistrate, Court No.2, Muzaffar Nagar, whereby after rejecting final report no.188 of 2015, the Court below has taken cognizance of offence punishable under Section 307 read with Section 34 IPC and summoned the accused including the petitioners.

The aforesaid order was challenged by the accused by filing criminal revision no.281 of 2016, which has been dismissed vide order dated 18th March, 2017.

Learned counsel for the petitioners has challenged the order impugned by claiming that the informant and the person allegedly injured were accused in proceeding initiated at the instance of the petitioners and therefore false allegations have been levelled and, accordingly, after investigation, the Investigating Officer had come to the conclusion that it was a false case. It has been submitted that final report has been...

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