LAWS(ALL)-2024-4-14

VINOD KUMAR GUPTA Vs. STATE OF U.P.

Decided On April 03, 2024
VINOD KUMAR GUPTA Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard Sri Sameer Sharma, learned Senior Counsel assisted by Sri Ankit Srivastava, learned counsel for the applicants, Sri Vijay Kumar Rai, learned A.G.A for the State of U.P. and Ms Bindu Kumari, learned counsel for opposite party no. 2.

(2.) Present Application under Sec. 482 Cr.P.C. has been filed to quash the entire proceedings of Complaint Case No. 5039 of 2022 (R.Sathesh Shankar Vs. Vinod Kumar Gupta and others) and set aside the order dtd. 27/4/2023 passed by learned Civil Judge, (Senior Division)- Fast Track Court/Additional Chief Judicial Magistrate, Gautam Budh Nagar whereby the leaned trial Court took cognizance of the offence under Ss. 406 and 506 of I.P.C. and issued summons against the applicants to face trial of the aforementioned case, under Ss. 406 and 506 of I.P.C, Police Station- Phase-3, District Gautam Budh Nagar, pending in the court of Civil Judge, (Senior Division)-Fast Track Court/Additional Chief Judicial Magsitrate, Gautam Budh Nagar.

(3.) Opposite party no. 2 instituted a criminal complaint against the applicants under Ss. 406 and 506 IPC.