PREM CHAND VERMA Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri A Kumar Srivastava, learned counsel for applicant, Sri Raj Kumar Singh, learned counsel for opposite party No. 2 and Sri Rakesh Kumar Mishra, learned A.G.A. for State.

(2.) The applicant is aggrieved by an impugned order dtd. 10/10/2023 passed by learned Magistrate, under Sec. 204, Cr.P.C., whereby applicant is being summoned to face trial under Ss. 420 and 406, I.P.C. in a Criminal Complaint Case No. 4623 of 2022, Police Station- Kotwali, District- Ballia. For reference, impugned order in its entirety is reproduced hereinafter :-

(3.) Learned counsel for applicant has submitted that on basis of contents of complaint, statements recorded under Ss. 200 and 202 Cr.P.C., offence under Ss. 420 and 406, I.P.C. could not be made out as not only both offences could not run together but their respective ingredients are also not made out.