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2025 DAILYLAW 21252 (ALL)

PREET KUMAR AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/5690/2025 · 2025-04-04

Manju Rani Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:49683 Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 5690 of 2025 Applicant :- Preet Kumar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vivek Sharma Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. Vivek Sharma, learned counsel for the applicants, and the learned A.G.A. for the State. This application under Section 482 Cr.P.C. has been filed to quash the Case Crime No. 204 of 2024, under sections 406, 504 and 323 I.P.C., P.S. Amroha Dehat, District-Amroha, as well as chargesheet dated 4.7.2024. There is no challenge to the summoning order passed by the court below nor, the copy of the same has been appended along with the application filed under Section 482 Cr.P.C. In view of the judgment of the Co-ordinate Bench of this Court, in the Case of Simplex Infrastructures and 4 others Vs. State of U.P. and another in Criminal Misc. Application No. 14785 of 2015 decided on 27.11.2018 reported in Laws (All) 2018 (11) 70, in the absence of any challenge to the summoning order the proceedings cannot be challenged by the accused. Consequently, the present application at the behest of the accused is not maintainable. Accordingly, the present application under Section 482 Cr.P.C. is dismissed. Further liberty is granted to the applicant to file fresh application under Section 482 Cr.P.C. by seeking a challenge to the summoning order, if any, passed by the court below as well as all other reliefs as may be available to him. Certified copy of the impugned order may be returned to the learned counsel for the applicant after retaining the photo copy of the same. Order Date :- 5.4.2025 Faridul Digitally signed by :- FAREEDUL HASAN High Court of Judicature at Allahabad