Abhishek Kaushik vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another

Court No. - 15

Case :- APPLICATION U/S 482 No. - 4410 of 2024

Applicant :- Abhishek Kaushik Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Ranjeet Pratap Singh Counsel for Opposite Party :- G.A., Anup Kumar Mishra

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Hon'ble Karunesh Singh Pawar,J.

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1.The petition has been filed under Section 482 CrPC for quashing charge sheet dated 20.11.2023 arising out of case crime No.601 of 2023 under sections 406, 420, 506 I.P.C., P.S. Kotwali Nagar, district Pratapgarh and cognizance /summoning order dated 14.12.2023 passed by CJM, Pratapgarh in Crl. Case No.24464 of 2023 (State versus Abhishek Kaushik) including entire proceedings thereof.

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2.Heard learned counsel for the petitioner, Mr. Anup Kumar Mishra, Advocate who has filed vakalatnama for respondent No.2 which is taken on record and learned A.G.A. for the State.

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3.Learned counsel for the petitioner submits that the impugned cognizance /summoning order has been passed under sections 406, 420, 506 I.P.C.. It is submitted that same act or transaction cannot result in an offence of cheating and criminal breach of trust simultaneously. Both are contradictory. In this context, learned counsel has relied on a judgment dated 6.2.2024 of Supreme Court in Lalit Chaturvedi and others versus State of U.P. and another passed in Petition for Special Leave to Appeal (Crl) No.13485 of 2023).

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4.Considering the argument advanced, perusal of the record as also the judgment referred to above, I find that the matter requires consideration.

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5.Four weeks' time is allowed to file counter affidavit, two weeks then for the rejoinder.

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6.List on 26.7.2024.

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7.Till further orders of the court, the impugned proceedings shall remain stayed.

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Order Date :- 16.5.2024 kkb/

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Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench

Abhishek Kaushik v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another

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Abhishek Kaushik v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another

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