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2024 Supreme(All) 978

SAURABH SHYAM SHAMSHERY
Sanjay Gupta @ Sanju Mohan – Appellant
Versus
State Of Up – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Kamal Singh
For the Opposite Party : G.A.,Kartikeya Shukla

JUDGMENT :

Saurabh Shyam Shamshery, J.

1. Applicant is aggrieved by summoning order dated 28.08.2023 passed under Section 204 Cr.P.C. by Additional Sessions Judge/ Special Judge (Dacoity Affected Area), Jalaun at Orai in Complaint Case No. 58 of 2022 (M/s Balaji Traders Proprietor Manoj Kumar Agarwal vs. Sanjay Gupta @ Sanju Mohan), whereby applicant has been summoned to face trial for offence under Section 387 IPC.

2. It has been pointed out that both parties are in litigation on the issue of trade mark and copyright with regard to packaging of Supari which is pending before appropriate Court. It is the case of applicant that Complainant has initiated present proceedings only to put pressure on him to compromise in the case.

3. It is the case of Complainant that alleged occurrence took place on 22.05.2022 when accused side have threatened him and tried to kidnap him by pointing a gun in order to procure Rs. 5 lacs to permit him to run the business of Gutkha (Sudh Supari Dana) and when Police Authorities failed to lodge FIR, an application under Section 156(3) Cr.P.C. was filed. It is further case of Complainant that under the orders of Court it was treated as complaint case and statem

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