Neutral Citation No. - 2025:AHC:64600 Court No. - 73 Case :- APPLICATION U/S 482 No. - 1932 of 2025 Applicant :- Amit Kumar Opposite Party :- The State Of Up Through Principal Secretary Home And Another Counsel for Applicant :- Chandan Bhagat Counsel for Opposite Party :- Abhinav Dwivedi,G.A.,Shailendra Kumar Tripathi Hon'ble Vikas Budhwar,J. 1. Heard Shri Chandan Baghat, learned counsel for the applicant and Sri S.P. Singh, learned State Law Officer for the State as well as Shri Abhinav Dwivedi, counsel for opposite party no. 2. 2. The counsel for the rival parties have made a joint statement that they do not propose to file any further affidavits, thus, with the consent of the parties, the application is being decided at the fresh stage. 3. This application under Section 482 Cr.P.C. has been filed by the applicants to quash the entire proceedings of Complaint Case No. 11983 of 2024 (Pyarelal Vs. Amit Kumar), under Sections 354D, 500, 509 of IPC and Section 67 of I.T. Act, Police Station- Salempur, District Bulandshahr, pending before the court of learned Second Additional Civil Judge (Senior Dvision)/ Additional Judicial Magistrate, Bulandshahr. 4. Learned counsel for the applicant submits that a complaint was lodged by the opposite party no. 2 who happened to be the father- in-law of the applicant with an allegation that the daughter of the complainant solemnized marriage with the applicant but the applicant was in influence of the parental side relatives and further he had committed offence under Section 354D, 500 and 509 IPC read with Section 67 of I.T. Act. Learned counsel for the applicant submits that the applicant has been summoned by the Court of learned Second Additional Civil Judge (Senior Division)/ Additional Judicial Magistrate, Bulandshahr on 02.12.2024 under the said provisions without there being any recording of the statements under Section 202 Cr.P.C. of the victim with whom such messages was sought to be sent. He submits that only on the basis of the statements of the complaint under Section 200 Cr.P.C. followed by the statements of one of the witnesses- Dal Chandra and Pawan Kumar, the applicant has been summoned. According to him, the summoning order is vitiated as there ought to have been statement of the victim also in that regard might be the messages were sought to be uploaded in the whatsapp and facebook. 5. The matter was taken up pre-recess and Shri Abhinav Dwivedi who appears for opposite party no. 2 seeks time to take instructions and post-recess, he had made a statement after receiving instructions from his client that since the statement of the victim under Section 202 Cr.P.C. has not been recorded, thus, the summoning order be set aside and the matter be remitted back to Court below to pass fresh orders. 6. Learned AGA submits that once this is the stand of the counsel for the opposite party no. 2 then he has no objection in that regard. 7. I have heard learned counsel for the parties and gone through the records carefully. 8. Looking into the fact that the order dated 02.12.2024 passed in Complaint Case No. 11983 of 2024 (Pyarelal Vs. Amit Kumar) by learned Second Additional Civil Judge (Senior Dvision)/ Additional Judicial Magistrate, Bulandshahr is set aside. 9. The matter stands remitted back to pass fresh order strictly in accordance with law. 10. With the aforesaid observations, the present application stands disposed of. Order Date :- 25.4.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad