Manoj and 3 Others v. State of U.P. and Another
Case brief
What is this about?
Key themes for retrieval: quashing of charge-sheet, cognizance/summoning order and entire criminal proceedings as abuse of process; application under Section 528 BNSS; PC & PNDT Act, 1994 Section 28 'Cognizance of offences' — complaint-only gateway: complaint by the Appropriate Authority or authorised officer (clause (a)) or by a person/social organisation after notice of not less than fifteen days (clause (b), sub-section (1)); trial restricted to Metropolitan Magistrate or Judicial Magistrate of the first class (sub-section (2)); court-directed availability of relevant records on demand (sub-section (3)); FIR not maintainable for alleged violation of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act; concurrent charges under sections 420 and 120B I.P.C.; Criminal Case No.15670 of 2024; Case Crime No.164 of 2024; Police Station Kotwali Dehat; District Saharanpur; Additional Chief Judicial Magistrate 1st, Saharanpur; reservation permitting authorities to prosecute afresh pursuant to procedure available at law; applicants Manoj & 3 others; opposite parties State of U.P. & another; counsel Rajesh Kumar Kanojia and Saushthav Guha; neutral citation 2025:AHC:144410.