MANJU RANI CHAUHAN
Aashish Kumar – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Supplementary affidavit filed by learned counsel for the applicant today in the Court, is taken on record.
2. The present 482 Cr.P.C. application has been filed to quash the cognizance order dated 27.09.2018 as well as the entire proceedings of Criminal Case No. 51902 of 2018, arising out of Case Crime No.23 of 2018, under Sections 498A, 323, 494, 506 I.P.C. as also under Sections 3/4 D.P. Act, Police Station-Mahila Thana, District-Kanpur Nagar, pending in the court of Metropolitan Magistrate-Ist, Kanpur Nagar.
3. Heard Mr. Adarsh Kumar, learned counsel for the applicant and Mr. Pankaj Srivastava, learned A.G.A. for the State as well as perused the entire material available on record.
4. Since legal submissions are being placed by the learned counsel for the applicant, therefore, this application is being heard at this stage without issuing notice to opposite party no.2 in view of the order proposed to be passed today. It is not necessary to issue notice to opposite party no.2, as he has no right to be heard at pre-cognizance stage.
5. From perusal of material on record, it transpires that the opposite party no.2, namely, Pinki Ahirwar has lodged an F.I.R. against seven na
Janata Dal v. H. S. Chowdhary (1992 (4) SCC 305)
Lal Kamlendra Pratap Singh Vs. State of U.P. 2009 (3) ADJ 322 (SC)
M. N. Ojha Vs. Alok Kumar Srivastava; 2009 (9) SCC 682.
Mohd. Allauddin Khan Vs. The State of Bihar & Others reported in 2019 0 Supreme (SC) 454
Pepsi Foods Ltd. & Anr. Vs. Special Judicial Magistrate & Ors. [(1998)5 SCC 749
Raghubir Saran (Dr.) v. State of Bihar (AIR 1964 SC 1)
Rupan Deol Bajaj v. Kanwar Pal Singh Gill (1995 (6) SCC 194)
Rashmi Kumar v. Mahesh Kumar Bhada (1997 (2) SCC 397)
Rajesh Bajaj v. State NCT of Delhi (1999 (3) SCC 259
R.P. Kapur Versus State of Punjab; AIR 1960 SC 866
State of Karnataka v. M. Devendrappa and Another (2002 (3) SCC 89)
State of Kerala v. O. C. Kuttan (AIR 1999 SC 1044)
State of U.P. v. O. P. Sharma (1996 (7) SCC 705)
Satvinder Kaur v. State (Govt. of NCT of Delhi) (AIR 1996 SC 2983)
State of Bihar v. P. P. Sharma (AIR 1996 SC 309)
Zandu Pharmaceuticals Works Ltd. & Ors. Versus Mohammad Shariful Haque & Anr.; 2005 (1) SCC 122
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