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2024 Supreme(SC) 689

J. B. PARDIWALA, MANOJ MISRA
Delhi Race Club (1940) Ltd. – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Suhail Dutt, Sr. Adv. Mr. Azhar Alam, Adv. Mr. Sankalp Goswami, Adv. Ms. B. Vijayalakshmi Menon, AOR
For the Respondent(s): Mr. Rajat Singh, AOR Mr. Neeraj Kumar Sharma, Adv. Mr. Sarthak Chandra, Adv.

JUDGMENT :

(J.B. Pardiwala, J.) :

1. This appeal arises from the order passed by the High Court of Judicature at Allahabad dated 03.04.2024 in Application No. 15453 of 2023 filed by the appellant herein by which, the High Court rejected the same and thereby declined to quash and set aside the summoning order dated 28.02.2023 passed by the Additional Chief Judicial Magistrate, Khurja, Bulandshahar in Complaint Case No. 547 of 2021.

2. Facts giving rise to this appeal may be summarised as under:

(i) The respondent No. 2 herein is the original complainant. He lodged a private complaint in the court of Additional Chief Judicial Magistrate, Khurja, Bulandshahar against the appellants herein for the offence punishable under Sections 406, 420 & 120B respectively of the Indian Penal Code, 1860 (for short, “IPC”).

The complaint reads thus:

    “It is most respectful that the Applicant Vipin Kumar Agarwal, son of Late Shri Bhagwat Swaroop Agarwal, who is the owner of a firm Agarwal Udyog, New Mandi, Khurja. The applicant’s firm used to supply horse feed, barley and oats to Delhi Race Club 1940 Limited, New Delhi since 1990. In the year 1995, the then head of the Race Club, Shri PS Vedi and the then


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