Manoj Kumar @ Manoj Kumar Nishad vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

"To quash the Criminal Complaint Case No. 1334/2024 arising out of the summoning order dated 09.10.2025, (Anand Kumar Vs. Rajkaran and others), passed by Additional Chief Judicial Magistrate / Civil Judge (S.D.), Ambedkar Nagar as 1 relates with the applicant."

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Learned counsel for the applicant submits that in the case of co-accused - Raj Karan, indulgence has already been shown by this Court in Application u/s 482 No. 10368 of 2025 (Raj Karan Vs. State of U.P.) by means of order dated 08.12.2025, the said order is annexed as Annexure no.4. He requests for indulgence of this Court in the present case also.

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Learned A.G.A. vehemently opposes the prayer of the applicant. He submits that in the case of co-accused, the interim protection has already been granted.

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Considering the submissions of learned counsel for the parties and perusing the record, it is evident that the interim protection has already been granted by this Court in the case of co-accused - Raj Karan by means of the order dated 08.12.2025. The order dated 08.12.2025 passed by this Court in Application u/s 482 No. 10368 of 2025 is as under:-

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"1. Heard learned counsel for the applicant, learned AGA for the State-opposite party

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A482 No. 226 of 2026

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2

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no.1 and perused the record.

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2. The present application has been filed seeking quashing of the entire proceedings of the Criminal Compliant Case No.1334 of 2024, Anand Kumar Vs. Rajkaran and others, under Section 156(3) Cr.P.C., Police Station Mahrua, District Ambedkar Nagar and the summoning order dated 09.10.2025 passed by the Civil Judge (SD)/Additional Chief Judicial Magistrate, Ambedkar Nagar.

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3. Learned counsel for the applicant submits that Babita, wife of opposite party no.2 lodged an FIR on 12.05.2023 at Case Crime No.129 of 2023, under Sections 498-A, 323, 504 and 506 IPC and Section 3/4 Dowry Prohibition Act, Police Station Jaisinghpur, District Sultanpur. After lodging of the aforesaid FIR, a complaint has been filed on 12.06.2023 by opposite party no.2 against the applicant, Manoj Kumar relative of Babita. He further submits that out of retaliation, the present complaint has been filed subsequently. It is also submitted that the said fact has been taken note the similar case in Application U/s 482 No.10063 of 2025 and in another complaint lodged against one Deepak Kumar @ Deepak, in which an interim order has been granted by this Court on 27.11.2025.

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4. The matter requires consideration.

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5. Issue notice to opposite party no.2 returnable at an early date.

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6. Steps to betaken within a week.

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7. List after service of notice.

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8. Till the next date of listing, further proceedings in the aforesaid case shall remain stayed qua the applicant."

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