Pawan Kumar Tewari And Anr. ... vs The State Of U.P Thru Secy., Home ...
2013 Latest Caselaw 303 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- U/S 482/378/407 No. - 1501 of 2013
 

 
Petitioner :- Pawan Kumar Tewari And Anr. (Complaint Case)
 
Respondent :- The State Of U.P Thru Secy., Home Lucknow And Anr.
 
Petitioner Counsel :- Sharad Pathak
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Ajai Lamba,J.

Sequence of events have been filed in court with supplementary affidavit, which is taken on record.

Learned counsel for the petitioners contends that in regard to one incident, one F.I.R. and one N.C.R. were registered.  In the F.I.R. case, after investigation final/cancellation report was filed.  The complainant did not protest against the final report.  In the N.C.R. case, investigation was conducted without orders of Magistrate and final report was filed.  In this case, protest petition has been filed, whereupon the case has been treated as a 'complaint case' and the petitioners have been summoned to stand trial vide order of summoning dated 09.4.2012 (Annexure-1) for commission of offence under Sections 323/379/504/506 I.P.C.

In the contention of the learned counsel, one final report has been accepted by the complainant in regard to the same incident and the other final report regarding that very incident has been protested.

Issue notice to Respondent no.2, Sri Keshri through the Chief Judicial Magistrate, Gonda, returnable on 06.5.2013.

Till the next date of hearing no coercive measures would be taken.

Order Date :- 4.4.2013

A.Nigam