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2025 DAILYLAW 103127 (ALL)

ASHOK KUMAR CHAUDHARY v. State of U.P. AND ANOTHER

A482/33824/2024 · 2025-05-14

Prashant Kumar

body2025

Judgment text

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Court No. - 87 Case :- APPLICATION U/S 482 No. - 33824 of 2024 Applicant :- Ashok Kumar Chaudhary Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kumar Ashutosh Srivastava,Nagendra Bahadur Singh Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J. 1. Heard Sri Kumar Ashutosh Srivastava, learned counsel for the applicant, Sri Jyoti Singh, learned Additional Government Advocate for the State-O.P. no.1 and perused the record. 2. The present application has been filed by the applicant praying for quashing the summoning order dated 22-12-2023 as well as entire proceedings of Complaint Case No. 27413 of 2023, under Sections 323, 452, 504, 506 IPC, P.s. Civil Lines, district Moradabad. 3. Learned counsel for the applicant submits that the complaint filed by opposite party no.2 is a retaliatory move stemming from professional disciplinary action taken against her during her tenure as Clerk/Cashier at the Zila Sahkari Bank Branch, Lakari Fazalpur, District Moradabad. The applicant, being the Branch Manager, had reported her misconduct to senior bank authorities, which led to her transfer. In vengeance, the opposite party no.2 has lodged a false and concocted complaint making serious but baseless allegations of sexual advancement and criminal intimidation. The statements under Sections 200 and 202 Cr.P.C. are mere repetitions of the complaint. Despite these, the learned court below, without proper judicial scrutiny, passed the summoning order dated 22.12.2023, which is impugned herein. 4. Matter requires consideration. 5. Issue notice to opposite party no.2 returnable at an early date. Steps be taken within a week. 6. The opposite parties are accorded four weeks time to file counter affidavit. Two weeks, thereafter, to the applicant to file rejoinder affidavit. 7. List this matter on 31.07.2025. 8. Till the next date of listing, further proceedings of aforesaid case shall be kept in abeyance. Order Date :- 15.5.2025 pks Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad