VIVEK SINGH Vs. STATE OF U.P.

JUDGEMENT

(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 dtd. 12/1/2022 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 Sec. 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 dtd. 30/3/2016 and consequential orders dtd. 11/1/2018 and 11/7/2018 passed by learned Chief Judicial Magistrate, Lucknow and charge sheet dtd. 13/7/2015 and the entire proceeding in Criminal Case No.16768 of 2016; State vs. Prabhat Agarwal and Others arising out of Case Crime No.224 of 2014 under Sec. 304 I.P.C. and Sec. 3 of Prevention of Damage of Public Property Act pending before learned trial court.