(1.) Heard Shri Mohit Mishra, learned counsel for the applicants; Shri V.K. Singh, learned Government Advocate assisted by Shri Bhanu Pratap Singh, learned AGA - I appearing for the State and Dr. L.P. Mishra, learned counsel alongwith Shri Sriniwas Bajpai and Shri Abhay Shukla, learned counsel(s) for respondent no.2.
(2.) Present application has been filed seeking to quash the Charge Sheet No.01 of 2025 dtd. 25/7/2025 submitted in Case Crime No.392 of 2025, under Ss. 308(2), 351(2), 352 of BNS, P.S. Sushant Golf City, District Lucknow alongwith summoning order and entire criminal proceedings of Case No.115214 of 2025 (State v. Kamal @ Kamlesh Agnihotri & Ors.).
(3.) The facts, in brief, are that the applicants and Opposite Party No.2 are residents of a society known as Celebrity Greens. The said society is inhabited by a substantial number of members who are the apartment owners. The society was formed by the residents of the society and was also duly registered. Applicant No.1 is the Secretary to the said society duly elected, and Applicant Nos.2 & 3 are President and Caretaker of the said society respectively. It is pleaded that the said society was formed after taking the NOC from the builder and has been constituted under Sec. 14 of the U.P. Apartment Act and works according to the provisions of the Act and the bye-laws. It is pleaded that the general body of the society holds regular meeting and actions are taken as per the bye- laws, regulations etc.