HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 19242 of 2024 Court No. - 82 HON'BLE HARVIR SINGH, J. 1. Heard learned counsel for the parties. 2. The present application has been filed to quash the impugned summoning order dated 20.12.2022 passed by learned Civil Judge (S.D.)F.T.C./A.C.J.M., Gautam Budh Nagar as wel as entire proceedings of Case No.260139 of 2022 (Manoj Vs. Ksristy & another), arising out of Complaint Case No.91 of 2021, under Section 379 IPC, Police Station Phase-3, NOIDA, District Gautam Budh Nagar, pending before the learned Civil Judge (S.D.)F.T.C./A.C.J.M., Gautam Budh Nagar. 3. From the perusal of the complaint filed by the opposite party no. 2, it appears that the complainant has arrayed M/s Ksristy Enterprises and another firm, M/s Kanha Infotech, as parties while moving an application under Section 156(3) CrPC, but none of the proprietor or partner was arrayed as an accused in the case, whereas allegations against the proprietor of M/s Ksristy Enterprises have been alleged in the said complaint filed by the complainant before the learned Magistrate, the proprietor was not made a party. 4. At the very outset, without going into the merits of the case, opposite party no.2 submitted that he shall withdraw his complaint filed before the learned A.C.J.M., Gautam Budh Nagar and shall take appropriate legal remedy against the proprietor of both the firms. 5. Under such circumstances, the impugned summoning order dated Versus Counsel for Applicant(s) : Ashish Gupta Counsel for Opposite Party(s) : Gurfan Ali, G.A. Ms Ksristy Enterprises And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 20.12.2022 passed by learned Civil Judge (S.D.)F.T.C./A.C.J.M., Gautam Budh Nagar in Case No.260139 of 2022 (Manoj Vs. Ksristy & another), arising out of Complaint Case No.91 of 2021, under Section 379 IPC, Police Station Phase-3, NOIDA, District Gautam Budh Nagar, pending before the learned Civil Judge (S.D.)F.T.C./A.C.J.M., Gautam Budh Nagar, is hereby quashed. 6. The application U/s 482 Cr.P.C. stands allowed to that extent. 7. It is open to both the parties to take such appropriate legal remedy as may be available to them in law. September 8, 2026 Mini A482 No. 19242 of 2024 2 (Harvir Singh,J.) Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad