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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
Manish Kumar, J
Rifakat Husain And 2 Others – Appellant
Versus
State Of U.P. Thru. Prin. Secy. Home Lko. And Another – Respondent
| Table of Content |
|---|
| 1. consent for final decision at admission stage. (Para 1 , 2) |
| 2. fir alleges damage to gram sabha property. (Para 3 , 4) |
| 3. legal remedies under u.p. revenue code discussed. (Para 5 , 6 , 7) |
| 4. court quashes proceedings as an abuse of law. (Para 8 , 9) |
1. With the consent of the parties, the matter is being decided finally at the admission stage itself.
2. The present application under Section 482 Cr.P.C. read with Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed by the applicants with the following main reliefs:
"Wherefore, it is respectfully prayed that this Hon'ble Court may kindly be quash the impugned Summoning Order dated 21.07.2023 issued by the learned Court of FTC (S.D.)/Additional Chief Judicial Magistrate, Sultanpur, Criminal Case No.2934/2022 (State Vs. Salman and others), arising out of F.I.R. No.0368/2022, under sections-2/3 of the Prevention of Damage to Public Property Act 1984, lodged at Police Station Gauriganj, District Amethi and its chargesheet No.01 of 2023 dated 07.01.2023, as contained in Annexure No.01 and 02 to this petition. It is further prayed that the further proceeding of Criminal Case No.2934/2022 (State
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