The High Court of Judicature at Allahabad addressed an application under Section 482 CrPC. The court accepted arguments suggesting ingredients of Section 406 IPC might not be made out and noted the impugned order date.
Notice issued to opposite party No.2 to appear at an early date; daasti directed.
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Court No. - 74
Case :- APPLICATION U/S 482 No. - 5793 of 2024
Applicant :- Rajnesh Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anita Singh,Prem Babu Verma Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Shyam Shamshery,J.
Heard Ms. Anita Singh, learned counsel for applicant for some time.
I find substances in argument of learned counsel for applicant that in facts and circumstances of present case, ingredient of Section 406 I.P.C. may not be made out.
Issue notice to opposite party No.2 returnable at an early date.
Dasti in addition.
Steps be taken within seven days.
List on the date fixed in the notice at 3.30 p.m.
The Court takes note that impugned order was passed on 24.07.2023
Order Date :- 28.8.2024 P. Pandey
Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad
1 issue framed by the court
Whether notice should be issued under Section 406 IPC to opposite party.
Rajnesh Kumar
State of U.P.
Saurabh Shyam Shamshery
Pushpendra Pandey
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
