Shri Dheeraj Awasthi, learned counsel for the applicant while assailing the impugned summoning order and the charge sheet dated 05.09.2024 and 22.03.2024 respectively and entire proceedings of Case No.83266 of 2024; State Versus Avinash Mishra and another arising out of Case Crime No.597 of 2022, under Section 420 IPC and Section 66 I.T.Act, Police Station, Sushant Golf City, District-Lucknow submits that the charge sheet has wrongly and illegally been filed against the applicant, whereas he is neither named in the First Information Report nor any allegation has been made against him by the informant in his statement under Section 161 Cr.P.C. He has been implicated only in pursuance of the notice under Section 91 Cr.P.C., the reply of which has been given by the applicant informing the addresses of the named persons in the First Information Report, which could not have been done. He further submits that the applicant was posted on the post of General Manager (Sales) in BYJUS Company and the applicant was not responsible with the affairs connected with the alleged offence and no BYJUS liability can be fastened on the applicant. Even otherwise the submission is that the Consumer dispute has been given the colour of the Criminal nature, but without considering it the impugned charge sheet has been filed and the learned Magistrate has taken the cognizance and issued summoning order, therefore, the same are liable to be quashed alongwith the entire proceedings against the applicant. He relies on Shiv
