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2024 Supreme(Online)(ALL) 950

HIGH COURT OF ALLAHABAD (LUCKNOW BENCH)
Hon'ble Shamim Ahmed,J.
Vivek Singh @ Monu And Another – Appellant
Versus
State Of U.P. And Another – Respondent


Advocates:
Petitioner: Ishan Baghel and Mohd. Khalid
Respondent:Govt. Advocate

Hon'ble Shamim Ahmed,J.

1. Heard Shri Ishan Baghel, learned Counsel for the applicants, Shri Ashok Kumar Singh, learned A.G.A-I for the State-opposite party No.1.

2. As per the office report dated 12.01.2022 notice upon opposite party No.2 has been served personally but till date neither any counter affidavit has been filed nor any counsel is present today to represent opposite party No.2, the case was taken up in the revised call for final arguments.

3. The present application under Section 482 Cr.P.C. has been filed on behalf of the applicants, namely-Vivek Singh @ Monu and Mohd. Danish @ Mohd. Danish Azad seeking quashing of the impugned summoning and cognizance order dated 30.03.2016 and consequential orders dated 11.01.2018 and 11.07.2018 passed by learned Chief Judicial Magistrate, Lucknow and charge sheet dated 13.07.2015 and the entire proceeding in Criminal Case No.16768 of 2016; State vs. Prabhat Agarwal & Others arising out of Case Crime No.224 of 2014 under Section 304 I.P.C. and Section 3 of Prevention of Damage of Public Property Act pending before learned trial court.

4. Learned Counsel for the applicants submitted that in the present case an FIR dated 02.12.2014 was lod

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