Application under Section 482 CrPC/528 BNSS for quashing orders rejecting discharge and revision. Court held the 2001 summons stood good as not interfered by later revisions, dismissing the application.
Petition dismissed.
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Neutral Citation No. - 2024:AHC-LKO:50091
Court No. - 11
Case :- APPLICATION U/S 482 No. - 6494 of 2024
Applicant :- Bhanu Prakash Opposite Party :- State Of U.P. Thru. Its Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Sukh Deo Singh,Paritosh Shukla Counsel for Opposite Party :- G.A.
Hon'ble Abdul Moin,J.
complaint has been filed by the respondent No.2 with regard to the first notice. The cheque is said to have been presented for the third time on 05.02.2001 which was also dishonoured on 06.02.2001. A second notice was sent by the complainant / respondent No.2 on 07.02.2001 and thereafter, a complaint, on the basis of the second notice, was filed on 28.02.2001. After the statement under Sections 200 & 202 of the Code were recorded, the petitioner has been summoned by the learned court vide order dated 28.05.2001, a copy of which has been filed as annexure 6 to the petition.
communicated by the petitioner to the learned trial court by contending that the learned revisional court, while passing the judgment & order dated 08.11.2017, has observed that no summoning order has been passed.
in turn had been set aside by the learned revisional court vide order dated 08.05.2008, consequently, it would be deemed that even the summoning order dated 28.05.2001 had been set aside and does not exist now.
revisional court and the said order has not been challenged by the complainant / respondent No.2 at any stage, consequently, the petitioner has to thank himself.
Order Date :- 24.7.2024 S. Shivhare
Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the summoning order issued in 2001 remains valid despite incorrect observations in subsequent revisional orders.
Whether the impugned orders rejecting the discharge application and the revision are liable to be quashed.
2 provisions across 2 enactments
Bhanu Prakash
State Of U.P.
Abdul Moin
Shashank Shivhare
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
