AJAY KATARA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Brajesh Sahai, learned Senior Advocate assisted by Sri Vimlendu Tripathi, Sri Andleeb Naqvi, Sri Bhavya Sahai, learned counsels for the applicant, Sri Anoop Trivedi, learned Senior Advocate assisted by Sri Santosh Kumar Yadav, Sri Pradeep Kumar, counsel for opposite party no. 2 and Sri Vinod Kant, learned Additional Advocate General as well as learned A.G.A. for the State and perused the material available on record.

(2.) The present application under Section 482 Cr.P.C. has been filed for quashing the summoning and cognizance order dated 3.1.2019 passed by learned A.C.J.M.-II, Budaun and supplementary Charge-sheet No.163A dated 5.12.2018 in Case No.410 of 2014, arising out of Case Crime No.443 of 2013, under Sections 363, 366, 376 I.P.C., Police Station- Sehaswan, District- Budaun, pending in the court of Additional Chief Judicial Magistrate-II, Budaun as well as all consequential proceedings.

(3.) Be it noted, at this juncture as is observed in the order dated 21.11.2019 that since the learned Senior counsel appearing for opposite party no.2, learned Additional Advocate General and learned Additional Government Advocate have categorically stated that they do not intend to file any response/counter affidavit in the present application and therefore, the averments made in the application stands unrebutted and the Court is left with no other option but to accept the averments made in the application as it is to be correct on its face value.