Buniyad Ali @ Bundu and Another Vs State of U.P. and Another

Court No. - 76

Case :- APPLICATION U/S 482 No. - 40601 of 2019

Applicant :- Buniyad Ali @ Bundu And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kuldeep Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Mr. D.B. Yadav, learned counsel for the applicant, and the learned A.G.A. for the State.

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This application under Section 482 Cr.P.C. has been filed to quash the charge sheet no. 246 of 2016 dated 28.09.2018 as well as entire further proceeding of Criminal Case No. 2704 of 2017 (State vs. Buniyad Ali @ Bundu and others) arising out of Case Crime No. 263 of 2016, under sections 452, 323, 504, 506 IPC, P.S. Jahangirabad, District- Bulandshahr, pending in the court of Chief Judicial Magistrate, Bulandshahar.

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There is no challenge to the summoning order passed by the court below nor, the copy of the same has been appended along with the application filed under Section 482 Cr.P.C.

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In view of the judgment of this Court, in the Case of Simplex Infrastructures and 4 others Vs. State of U.P. and another in Criminal Misc. Application No. 14785 of 2015 decided on 27.11.2018 reported in Laws (All) 2018 (11) 70 , in the absence of any challenge to the summoning order the proceedings cannot be challenged by the accused. Consequently, the present application at the behest of the accused is not maintainable.

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Accordingly, the present application under Section 482 Cr.P.C. is dismissed.

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Further liberty is granted to the applicant to file fresh application under Section 482 Cr.P.C. by seeking a challenge to the summoning order, if any, passed by the court below as well as all other reliefs as may be available to him.

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Certified copy of the impugned order may be returned to the learned counsel for the applicant after retaining the photo copy of the same.

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Order Date :- 22.11.2019 JK Yadav

Buniyad Ali @ Bundu and Another v. State of U.P. and Another

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Buniyad Ali @ Bundu and Another v. State of U.P. and Another

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