LAWS(ALL)-2008-4-48

FARHAT Vs. STATE OF U P

Decided On April 16, 2008
FARHAT Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) POONAM Srivastava, J. Heard Sri S. A. Gilani, learned Counsel for the applicants, Smt. Anupama Mehrotra, opposite party No. 2 in person and learned A. G. A. for the State.

(2.) COUNTER-affidavit and supplementary counter-affidavit filed by the opposite party No. 2 and rejoinder affidavit filed on behalf of the applicants are taken on record.

(3.) AN application under Section 156 (3), Cr. P. C. was moved by the opposite party No. 2 before the Chief Judicial Magistrate, Moradabad, for registration of the F. I. R. Pursuant to the order dated 2. 5. 2005, First Information Report was registered on 12. 5. 2005, at case crime No. 531 of2005, under Sections 105, 120- B, 313, 384, 385, 387, 406, 380, 401,420,498-A, 504, 506,i. P. C. Copy of the F. I. R. is annexed as ANnexure 1 to the affidavit filed in support of the instant application. The statement of opposite party No. 2 as well as a number of witnesses was recorded by the Investigating Officer under Section 161, Cr. P. C. , which is part of the record.