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2025 Supreme(Online)(ALL) 717

HIGH COURT OF ALLAHABAD (LUCKNOW BENCH)
Hon'ble Alok Mathur,J.
Raj Bhavan – Appellant
Versus
State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And 3 Others – Respondent


Advocates:
Petitioner: Pramod Kumar
Respondent: G.A. , Abhilash Mishra , Gaurav Singh and Sudhir Kumar Misra

Hon'ble Alok Mathur,J.

1. Heard Sri Pramod Kumar, learned counsel for the applicant, learned AGA for the State and Sri Sudhir Kumar Misra, Advocate has put in appearance on behalf of opposite party no.2.

2. The present application has been filed with the prayer to quash the summoning order dated 13.12.2024 passed by learned Special Judge, POCSO Act/Additional Session Judge, Court No.12, Sultanpur in Complaint Case No. 09/2024, "Dinesh Vs. Prem Chandra", arising out of Case Crime No. 0191 of 2023, under Sections 376D, 504 , 506 IPC , Section 3/4 POCSO Act and Section 3(2)(v) of SC/ST (P.A) Act, Police Station Kadipur, District Sultanpur.

3. Learned counsel for the applicant submits that there is a property dispute in between the parties and there was a possibility of filing a suit, as a result, caveat was filed by the applicant before the competent court. He further submits that when this fact came into the notice of private respondent, then in place of filing suit, he decided to file application under section 156(3) CrPC for lodging of the FIR on the basis of concocted facts and the order was passed by the competent Court for lodging of the FIR. Thereafter, the FIR of case in question

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