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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW
SAURABH LAVANIA
Mayank Tripathi – Appellant
Versus
State of U.P. Thru. Prin. Secy. Home Lko. – Respondent
JUDGMENT :
Saurabh Lavania, J.
1. Heard Sri Prabhu Ranjan Tripathi, learned counsel for the applicant and learned A.G.A. for the State.
2. In view of the settled legal position, this Court is not inclined to issue notice to opposite party no.2.
3. The applicants have instituted instant application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (here-in-after referred as BNSS) seeking following relief(s):-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire criminal proceeding of Criminal Case No. 5554 of 2024 inclusive of impugned summoning order dated 04.10.2024 passed by Additional Civil Judge (S.D.)-I/Additional Chief Judicial Magistrate, Sultanpur, by which the learned Court below has summoned the petitioners in routine and mechanical manner in relation to offences Under section 85, 115(2), 352, 351 (2) B.N.S. & 3/4 D. P. Act (Annexure No. 1), in order to meet ends of justice."
4. In view of relevant provisions pointed out, at the very outset it is stated that at this stage the prayer of the applicant which relates to procedure adopted by learned Additional Civil Judge (S.D.)-1/Additional Chief Judicial Magis
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Cognizance of offences – Notice is to be issued to accused only after examination of Complainant and present witnesses.
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