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february 2025

Allahabad High Court · 2025-02-19

APPLICATION U/s 482 No. 6694 of 2019 at Lucknow

Citation / case number
APPLICATION U/s 482 No. 6694 of 2019 at Lucknow
Court
Allahabad High Court
Petitioner
APPLICATION U/s 482 No. 6694 of 2019 at Lucknow
Respondent
Unknown
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Judgment text excerpt

A.F.R. Neutral Citation No. - 2025:AHC-LKO:10921 Court No. - 16 Case :- APPLICATION U/S 482 No. - 6694 of 2019 Applicant :- Bhagwati Sharana Dwivedi Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Chandan Srivastava,Yogesh Somvanshi Counsel for Opposite Party :- G.A.,Anand Kumar Verma,Surya Prakash Hon'ble Karunesh Singh Pawar,J. 1.The petition has been filed under Section 482 CrPC for quashing summoning order dated 2.12.2015 passed by Additional Chief Judicial Magistrate, Court No.2, Lakhimpur Kheri and order dated 15.5.2019 under sections 82 and 83 CrPC 2.Heard learned counsel for the petitioner, Mr. Surya Prakash, learned counsel for the complainant and Mr. Anurag Verma, learned A.G.A. for the State. 3.Learned counsel for the petitioner submits that a complaint under section 138 Negotiable Instruments Act (in short, Act) has been filed by the complainant and thereupon, after examination of the complainant under section 200 CrPC, the impugned summoning order has been passed. It is submitted that after amendment in the year 2005 in Section 202 CrPC, it is mandatory on the part of the Magistrate to conduct an enquiry under section 202 CrPC before issue of process,

APPLICATION U/s 482 No. 6694 of 2019 at Lucknow · Niyam