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2024 Supreme(All) 601

MAYANK KUMAR JAIN
Vinod Kumar Gupta – Appellant
Versus
State Of U. P. – Respondent


Advocates Appeared:
For the Appellant : Ankit Srivastava
For the Opposite Party :- Bindu Kumari,G.A.

JUDGMENT :

Mayank Kumar Jain, J.

1. Heard Sri Sameer Sharma, learned Senior Counsel assisted by Sri Ankit Srivastava, learned counsel for the applicants, Sri Vijay Kumar Rai, learned A.G.A for the State of U.P. and Ms Bindu Kumari, learned counsel for opposite party no. 2.

2. Present Application under Section 482 Cr.P.C. has been filed to quash the entire proceedings of Complaint Case No. 5039 of 2022 (R.Sathesh Shankar Vs. Vinod Kumar Gupta and others) and set aside the order dated 27.04.2023 passed by learned Civil Judge, (Senior Division)- Fast Track Court/Additional Chief Judicial Magistrate, Gautam Budh Nagar whereby the leaned trial Court took cognizance of the offence under Sections 406 and 506 of I.P.C. and issued summons against the applicants to face trial of the aforementioned case, under Sections 406 and 506 of I.P.C, Police Station- Phase-3, District Gautam Budh Nagar, pending in the court of Civil Judge, (Senior Division)-Fast Track Court/Additional Chief Judicial Magsitrate, Gautam Budh Nagar.

3. Opposite party no. 2 instituted a criminal complaint against the applicants under Sections 406 and 506 IPC.

4. The substance of the complaint are summarised as under: –

5. The com

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