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2025 DAILYLAW 1568 (ALL)

ARCHANA KAPOOR v. STATE OF U.P. AND ANOTHER

NA528/27245/2025 · 2026-02-17

Saurabh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 27245 of 2025 Court No. - 75 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Sri Bidhan Chandra Rai, learned Senior Advocate assisted by Ms. Stuti Rai, learned counsel for applicant and Sri Saghir Ahmad, learned Senior Advocate assisted by Mohd. Raghib Ali along with Sri Deepak Rana, learned counsel for opposite party no.2 as well as learned A.G.A. for the State. 2. The present application has been filed for quashing of cognizance/summoning order dated 04.03.2025 and entire proceedings of Case No.3100 of 2025 (State Vs. Sanjiv Kapoor and others), arising out of Case Crime No.467 of 2024, under Section 420, 467, 468, 471, 120-B, P.S. Sihani Gate, District Ghaziabad, pending in the court of learned Additional Chief Judicial Magistrate, Court No.3, Ghaziabad. 3. It has been transpired during course of argument that during pendency of the instant application, discharge application preferred at the behest of applicant, was rejected vide order dated 11.09.2025 passed by learned Additional Chief Judicial Magistrate, Court No.3, Ghaziabad which has been apprised through specific affidavit dated 05.01.2026 preferred at the behest of applicant. 4. Learned Senior Advocate appearing on behalf of applicant submitted that being aggrieved with the order dated 11.09.2025, an amendment application has already been preferred at the behest of applicant seeking amendment in the prayer clause for challenging order dated 11.09.2025 passed by learned Additional Chief Judicial Magistrate, Court No.3, Ghaziabad. 5. By bare perusal of the amendment application filed on dated 08.02.2026 which is supported with an affidavit, it appears that the same does not Versus Counsel for Applicant(s) : Bidhan Chandra Rai, Stuti Rai Counsel for Opposite Party(s) : Manoj Kumar Srivastava, Mohd Raghib Ali, Deepak Rana, G.A. Archana Kapoor .....Applicant(s) State of U.P. and Another .....Opposite Party(s) contain the certified copy of order dated 11.09.2025 but the same has already been preferred while filing affidavit dated 05.01.2026. It also appears from perusal of the amendment application that no grounds have been taken up for challenging the order dated 11.09.2025 which has been sought to be amended in the prayer clause along with other prayers, meaning thereby, if the prayer sought through the amendment application is accepted, there will be so many incorporation which have to be made in the prayer clause as well as in the pleadings and as such, in the interest of justice, the instant application is hereby dismissed as not pressed with liberty to file afresh by way of challenging all the orders/proceedings through which applicant is aggrieved. 6. Office is hereby directed to return the certified copies of orders/documents appended with this application as well as affidavits to learned counsel for applicant forthwith after retaining photocopy of the same on record. February 18, 2026 Vivek Kr. NA528 No. 27245 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad