Yogendra Singh and Another Vs State of U.P. and Another

Court No. - 87

Case :- APPLICATION U/S 482 No. - 2863 of 2022

Applicant :- Yogendra Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jitendra Singh Counsel for Opposite Party :- G.A.

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Hon'ble Om Prakash Tripathi,J.

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Heard learned counsel for applicants, learned A.G.A. for State.

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This application under Section 482 Cr.P.C. has been filed with a prayer to quash the entire proceeding as well as impugned summoning order dated 03.12.2021 passed by A.C.J.M., Court No 4, Moradabad in Complaint Case No. 31 of 2019 (Nanak Chand Vs. Yogendra Singh and others), under Section 406 I.P.C., P.S.- Majhola, District- Moradabad.

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The main submission of learned counsel for applicants is that applicant is husband and Mithilesh is his mother. Sher Singh was father of the Yogendra Singh (Applicant no. 1) who died later on after summoning. It is submitted that complainant of this case is father-in-law of the Yogendra Singh. It is submitted that father-in-law of the applicant has no right to file the complaint under Section 406 I.P.C., such sort of complaint should be filed by the Varsha Verma (Wife of applicant no. 1).

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Such sort of preliminary objection may be raised before the court concerned within a month and court concerned shall decide such sort of objection in accordance with law expeditiously in two month.

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With the above observation, this application under Section 482 Cr.P.C. is disposed of .

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Order Date :- 12.7.2022 Sharad/-

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Digitally signed by SHARAD KUMAR SRIVASTAVA Date: 2022.07.14 09:36:22 IST Reason: Location: High Court of Judicature at Allahabad

Yogendra Singh and Another v. State of U.P. and Another

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