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Neutral Citation No. - 2025:AHC:82167 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 15451 of 2025 Applicant :- Kapil Goel Opposite Party :- State of U.P. and Another Counsel for Applicant :- Devaang Savla,Tanmay Sadh Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. This application under Section 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been filed for quashing of entire proceedings, including summoning order dated 24.04.2014 as well as all bailable & non-bailable warrants, of Complaint Case No.584 of 2014 (M/s. Assotech Reality Pvt. Ltd. Vs. Kapil Goel and another), under Sections 500, 120B I.P.C., Police Station- Indirapuram, District- Ghaziabad, pending before the Court of A.C.J.M., Court No.2, Ghaziabad. The order dated 28.01.2025, passed by Additional District & Sessions Judge, Court No.16, Ghaziabad in Criminal Revision No.514 of 2023 is also being impugned. 3. It has been submitted by learned counsel for the applicant that impugned orders are against facts and law and thus liable to be set aside. Learned counsel raised a number of submissions regarding factual aspect of the matter and submitted that no prima-facie case is made out against the applicant and impugned orders are liable to be quashed. 4. Learned A.G.A. has opposed the application and submitted that
there is no material illegality or perversity in the impugned orders. 5. I have considered the rival submissions and perused the record. 6. Perusal of record shows that in the complaint lodged by the opposite party no.2, applicant was summoned vide order dated 24.04.2014 passed by learned A.C.J.M., Court No.2, Ghaziabad. It was shown that applicant has already filed an application under Section 482 Cr.P.C. against that summoning order vide application 482 Cr.P.C. No.30018 of 2014. It appears that later a criminal revision was filed by the applicant against same summoning order dated 24.04.2014 before Session Court by concealing the fact that the said summoning order has already been challenged before this Court. Though, learned Additional Sessions Judge, Court No.16, Ghaziabad has dismissed the said revision by considering facts of the matter but that revision was not maintainable at all against summoning order dated 24.04.2014, as the said order has already been challenged before this Court.
In view of these facts and circumstances, the instant application under Section 528 BNSS is wholly misconceived and thus, liable to be dismissed. 7. Accordingly, the application u/s 528 BNSS is hereby dismissed. Order Date :- 17.5.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad