SANJAY SHARMA Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Shri N.K. Pandey, learned counsel for the petitioners; Shri Prashant Sharma, learned counsel for opposite party no. 2 and the learned A.G.A. for the State.

(2.) The petitioners/applicants have challenged the order dated 13.10.2020 passed by Additional Sessions Judge, Room No. 4, Saharanpur in Criminal Revision No. 128 of 2020 (Sanjay Sharma and other versus State of U.P. and another) and the summoning order dated 23.06.2020 passed by the Chief Judicial Magistrate, Saharanpur in Complaint Case No. 1657 of 2020 against applicant no. 1 under Sections 376, 354, 323, 504, 506 I.P.C. and against other applicants under Sections 376/120B, 323, 504 and 506 I.P.C. at Police Station-Sadar Bazar, District-Saharanpur.

(3.) Briefly stated facts of the case are that the opposite party no. 2 filed a complaint under Sections 376, 120B, 354, 323, 504, 506 I.P.C., Police Station Sadar Bazar, District Saharanpur against the applicants alleging that the applicant no. 1 committed rape and all the accused persons harassed her for dowry. The Magistrate recorded the statement of opposite party no. 2 under Section 200 Cr.P.C. and the statements of the witnesses P.W. 1, P.W. 2 and P.W. 3 under Section 202 Cr.P.C. Thereafter, the Magistrate summoned the applicants by order dated 23.06.2020. The applicants filed Criminal Revision No. 128 of 2020 which was rejected on 13.10.2020.