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2026 Supreme(All) 79

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW
PANKAJ BHATIA
Kamalesh Agnihotri @ Kamal – Appellant
Versus
State Of U.P. Thru. Secy. Home Deptt. Lko. – Respondent


Advocates Appeared:
For the Applicants : Shailendra Kumar Singh, Mohit Mishra, Suneel Kumar
For the Opposite Parties : G.A., Sriniwas Bajpai, Viny Prakash Tiwari, Shanker Lal Pandey

JUDGMENT :

PANKAJ BHATIA, J.

1. Heard Shri Mohit Mishra, learned counsel for the applicants; Shri V.K. Singh, learned Government Advocate assisted by Shri Bhanu Pratap Singh, learned AGA - I appearing for the State and Dr. L.P. Mishra, learned counsel alongwith Shri Sriniwas Bajpai and Shri Abhay Shukla, learned counsel(s) for respondent no.2.

2. Present application has been filed seeking to quash the Charge Sheet No.01 of 2025 Dated 25.07.2025 submitted in Case Crime No.392 of 2025, under Sections 308(2), 351(2), 352 of BNS, P.S. Sushant Golf City, District Lucknow alongwith summoning order and entire criminal proceedings of Case No.115214 of 2025 (State v. Kamal @ Kamlesh Agnihotri & Ors.).

3. The facts, in brief, are that the applicants and Opposite Party No.2 are residents of a society known as Celebrity Greens. The said society is inhabited by a substantial number of members who are the apartment owners. The society was formed by the residents of the society and was also duly registered. Applicant No.1 is the Secretary to the said society duly elected, and Applicant Nos.2 & 3 are President and Caretaker of the said society respectively. It is pleaded that the said society was form

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