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2023 Supreme(SC) 1268

C. T. RAVIKUMAR, SANJAY KUMAR
Abhishek Saxena – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Vinod Prasad, Ajay Kumar Srivastava, Dhirendra Kumar, Bijender Singh, Devvrat Rana, Pawan Tyagi, Sanno Kumar, Jyoti Tiwary.
For the Respondents: Divyesh Pratap Singh, Rajat Singh, Chandra Shekhar Suman, Sarthak Chandra, Arun Pratap Singh Rajawat.

ORDER :

Leave granted.

1. This appeal is directed against the order dated 23.10.2019 passed by the High Court of Judicature at Allahabad in Criminal Misc. Application No. 471 of 2018.

2. FIR No. 839 of 2016 was registered at Sector 49 Noida, Police Station against the appellant, his parents and relatives on 4.9.2016 alleging commission of offences under Sections 323, 363, 384 and 406 of the Indian Penal Code. The charge sheet was subsequently filed on 22.8.2017 in respect of commission of offences under Sections 323, 384 and 406 I.P.C. Thereafter the accused, including the appellant herein, filed an application under Section 482 Cr.P.C. seeking quashment of the FIR and the consequently filed charge-sheet and the summoning order dated 19.09.2017 issued thereafter. As per the impugned order, the High Court declined to exercise the power under Section 482 Cr.P.C. and consequently dismissed the petition qua the appellant.

3. Heard learned Senior Counsel appearing for the appellant and the learned panel counsel for the State of Uttar Pradesh. Though notice was issued and served on the second respondent, she has chosen not to appear and contest the matter.

4. As noticed hereinbefore, after th

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