Application under Section 482 Cr.P.C. to quash a summoning order and stay proceedings was dismissed as misconceived because the charge sheet under Section 173(2) Cr.P.C. was not impugned.
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Neutral Citation No. - 2024:AHC:134136
Court No. - 77
Case :- APPLICATION U/S 482 No. - 12074 of 2024
Applicant :- Rohit Mangal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinay Kumar Pandey Counsel for Opposite Party :- Adarsh Bhushan,G.A.
Hon'ble Rajeev Misra,J.
"It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to allow the instant application by quashing the impugned summoning order dated 26.08.2022 in Case No. 7568 of 2022 in Case Crime No. 0861 of 2021 as well as the entire proceedings registered in its pursuance as Case No. 7568 of 2022 ' State vs. Rohit Mangal', under Section 420, 406 I.P.C. Police Station-Noida Sector 24, District-Gautam Budh Nagar, presently pending before the court of learned Additional Chief Judicial Magistrate-I Gautam Budh Nagar, presently pending before the court of learned Chief Judicial Magistrate, Ghaziabad, so that justice be done, otherwise the accused applicant shall suffer irreparable loss and injury.
May further be pleased to stay the further proceedings of impugned summoning order dated 26.08.2022 in Case No. 7568 of 2022 in Case Crime No. 0861 of 2021 as well as the entire proceedings registered in its pursuance as Case No. 7568 of 2022 ' State vs. Rohit Mangal', under Section 420, 406 I.P.C. Police Station-Noida Sector 24, District-Gautam
Budh Nagar, presently pending before the court of learned Additional Chief Judicial Magistrate-I Gautam Budh Nagar, during the pendency of the instant application (Under Section 482 Cr.P.C.) before this Court, so that justice be done, otherwise the accused-applicant shall suffer irreparable loss and injury. And/or pass such other and further order as this Hon'ble Court may deem fit and proper in the present circumstances of the case"
Order Date :- 21.8.2024 YK
Digitally signed by :- YASHWANT KUMAR High Court of Judicature at Allahabad
2 provisions across 1 enactments
Rohit Mangal
State of U.P.
Opposite Party-2
Rajeev Misra
Yashwant Kumar
As recorded by the court registry
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