YOGESHWAR RAJ NAGAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Ashutosh Yadav, learned counsel for the petitioners, Sri Vimlendu Tripathi, learned counsel for the opposite party no. 2 and learned A.G.A. for the State.

(2.) Both the aforesaid cases are arising out of the same cause of action and facts of both the cases are similar to each other. In view thereof, both the cases are being decided by this common judgement.

(3.) The writ petition under Article 227 of the Constitution of India has been filed by the petitioners seeking quashing of the order dtd. 28/4/2018 passed by the Additional Sessions Judge, Court No.5, Bulandshahar in Criminal Revision No. 2 of 2018 (Yogeshwar Raj Nagar and Another vs. State of U.P. and Another) as well as the order dtd. 6/10/2017 passed by the Additional Chief Judicial Magistrate, Court No. 3, Bulandshahar, in Complaint Case No. 536 of 2017 (Shailja vs. Yogeshwar) under Sec. 406 of I.P.C. Vide order dtd. 6/10/2017, the petitioners were summoned for the offence under Sec. 406 I.P.C. in the aforesaid complaint case filed by the opposite party no. 2 against which a criminal revision was preferred by the petitioner which was also dismissed vide order dtd. 28/4/2018.