Smt. Madhu Dubey Vs State of U.P. and Anr.

Court No. - 76

Case :- APPLICATION U/S 482 No. - 44482 of 2019

Applicant :- Smt. Madhu Dubey Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Jai Singh Yadav,Patgendra Bhushan Misra Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Mr. Jai Singh Yadav and Patgendra Bhushan Mishra, 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 dated 29th July, 2018 as well as the entire proceedings of Criminal Case No. 952 of 2018, arising out of Case Crime No. 367 of 2015, under Sections 420, 467, 468, 471, 506, 120-B and 200 I.P.C., Police Station-Naini, District-Allahabad pending in the Court of Additional Chief Judicial Magistrate, Court No.1, Allahabad.

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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) 7 0, 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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(Manju Rani Chauhan, J.)

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Order Date :- 13.12.2019 Sushil/-

Smt. Madhu Dubey v. State of U.P. and Anr.

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Smt. Madhu Dubey v. State of U.P. and Anr.

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