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2023 Supreme(All) 1724

ANISH KUMAR GUPTA
Saurav Gupta – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Akhilesh Chandra Shukla
For the Opposite Party : Amit Saxena, Madan Mohan Chaurasisa, Vidya Prakash Singh

JUDGMENT :

1. Heard Sri Ajay Kumar, Advocate holding brief of Sri Akhilesh Chandra Shukla, learned counsel for the applicants, Sri Vidya Prakash Singh, learned counsel for opposite party no.2 and Sri Pankaj Srivastava, learned A.G.A. for the State.

2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of summoning order dated 02.05.2015 passed by learned Additional Chief Judicial Magistrate, Court No.3, Ghaziabad in Complaint Case No.2953 of 2014, under Section 406 I.P.C., Police Station - Sihani Gate, District Ghaziabad.

3. Learned counsel for the applicants submits that the instant criminal complaint filed by opposite party no.2 is a counter blast to the Application under Section 9 of Hindu Marriage Act, filed by applicant no.1 herein as the opposite party no.2 had left the company of applicant no.1 without any reasonable cause, therefore, the instant complaint has been filed on false and fabricated facts. The opposite no.2 had sent a notice on 02.07.2017 and asked the applicants to return the articles. The said legal notice was duly replied by applicant no.1 and it was stated that no such articles as has been mentioned in the list annexed with the not

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