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2024 Supreme(All) 240

MAYANK KUMAR JAIN
Mohd. Amir – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Appellant : Pranshu Gupta.

JUDGMENT :

MAYANK KUMAR JAIN, J.

1. Heard Sri Pranshu Gupta, learned counsel for the applicant, learned counsel for the informant and AGA for the State.

2. Perused the record.

3. Present application under Section 482 Cr.P.C. has been filed for quashing the summoning order dated 27.01.2023 passed by Civil Judge, (Senior Division.)/F.T.C. Meerut in Complaint Case No. 1023 of 2022 (Neeraj Tyagi vs. Mukesh Giri) under Sections 420, 406, 120B I.P.C. and order dated 30.09.2023 passed by Additional Sessions Judge, Court No. 16, Meerut in Criminal Revision No. 162/2023 (Mohd. Amir and Another vs. State of U.P. and Another) along with the entire consequential proceedings arising out of the complaint case.

4. Opposite party no. 2 filed a complaint against Mukesh Kumar Giri, Vijendra Singh and present applicant under Sections 467, 468, 469, 471, 420, 406, 385, 193, 195, 196, 203, 211, 120B, 504, 506 I.P.C. and P.S. Pallavpuram, District Meerut. After taking primary evidence, the learned Trial Court summoned the present applicant to face trial under Section 406, 420, 120B I.P.C. vide order dated 27.01.2023.

5. The brief facts of the complaint are summarised as under:

    (a) The complainant took loan of

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