Mukesh Kumar and 2 Others v. State of U.P. and Another
Case brief
What is this about?
Allahabad High Court (Nand Prabha Shukla, J.) allowed Application U/S 482 No. 35120 of 2024 under Section 528 BNSS filed by Mukesh Kumar and 2 Others against State of U.P. and Another, challenging the cognizance/summoning order dated 09.11.2023 in Case No. 2978 of 2023 (State v. Mukesh Kumar and Others) arising out of Case Crime No. 0435 of 2023 under Sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act, P.S. Sihani Gate, Ghaziabad. The summoning order was set aside on the ground that applicant No. 3 was charge-sheeted only under Sections 498A IPC and 3/4 D.P. Act while the summoning order invoked Sections 498-A, 323, 504, 506 IPC and 3/4 D.P. Act; the matter was remitted for a fresh order, preferably within six weeks of production of the certified copy. The Registrar General was directed to refund the Rs. 15,000 mediation deposit to applicant No. 1 as opposite party No. 2 did not appear for mediation. No precedents were cited.