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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW
BRIJ RAJ SINGH
Kamal Agrawal (M.D.) – Appellant
Versus
State of Uttar Pradesh Through Principal Secretary, Home Department, Luckow – Respondent
| Table of Content |
|---|
| 1. validity and maintainability of second application. (Para 2 , 4 , 5 , 7) |
| 2. second applications under section 482 cr.p.c. are maintainable. (Para 15 , 16 , 21) |
| 3. factual context and background of employment dispute. (Para 22 , 23 , 25 , 28 , 31) |
| 4. criteria for quashing proceedings under mala fide or vengeful motivations. (Para 36 , 38 , 39) |
JUDGMENT :
Brij Raj Singh, J.
1. Since the common question of facts and law are involved in both the applications, therefore, with the consent of the parties, they are being heard and decided by a common judgement.
2. By means of the applications under Section 482 Cr.P.C., the Applicant/Kamal Agrawal of APPLICATION U/s 482 No. 9706 of 2025 and the Applicant/Satya Prakash Tiwari of APPLICATION U/s 482 No. 9802 of 2025 have prayed for quashing of the impugned order dated 06.09.2025 passed by learned Civil Judge (Junior Division) F.T.C./ Judicial Magistrate, Lucknow (in short “trial Court”) in Complaint Case No. 9669 of 2024 (Shadab Ahmad Vs. Om Industries (India) Pvt. Ltd. And Others), Police Station – Gomti Nagar Extension, District – Lucknow whereby the application seeking discharge has been rejected. Prayer has also been sought fo
A second application under Section 482 Cr.P.C. is maintainable if based on changed circumstances, despite a previous application being withdrawn.
The court emphasized that allegations lacking evidence do not justify the summoning of accused, highlighting the necessity of due diligence by the Magistrate under Section 482 of the CrPC.
A litigant must disclose all material facts when seeking relief from the court, and failure to do so can result in the denial of that relief. Successive applications under Section 482 Cr.P.C. on the ....
The amendment to Section 202 of the Cr.P.C. mandates that a Magistrate must conduct an inquiry before issuing summons against an accused residing outside the jurisdiction, to prevent false complaints....
Point of Law : Powers possessed by the High Court under Section 482 of the Code are very wide and the very plenitude of the power requires great caution in its exercise. Court must be careful to see ....
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