Posted On by &filed under Allahabad High Court, High Court.


Allahabad High Court
Chandra Shekhar Yadav And Others vs State Of U.P.And Another on 9 August, 2010
Court No. - 53

Case :- APPLICATION U/S 482 No. - 35658 of 2008

Petitioner :- Chandra Shekhar Yadav And Others
Respondent :- State Of U.P.And Another
Petitioner Counsel :- Sushil Kumar Pal,S.K. Pal
Respondent Counsel :- Govt. Advocate,Nikhil Kumar

Hon'ble Shri Kant Tripathi,J.

Heard the learned counsel for the applicants, the learned counsel for the
respondents and the learned AGA for the State of U.P. and perused the record.

In this case the mediation has failed due to non-cooperation of the respondent
no.2.

In this case, the respondent no.2 filed a protest petition against the final report
which was treated as complaint and the learned Magistrate proceeded with
the matter as a complaint case and recorded the statements of the complainant
and the witnesses.

The learned Magistrate, keeping in view the materials on record, arrived at the
conclusion that there was sufficient ground to summon the accused. The
finding of the learned Magistrate is based on proper appraisal of the materials
on record, which requires no interference under section 482 CrPC.
The petition under section 482 CrPC has no merit and is accordingly
dismissed.

Order Date :- 9.8.2010
MTA


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