Smt Pallavi Rastogi vs State Of Up And Another
2018 Latest Caselaw 1959 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44
 

 
Case :- APPLICATION U/S 482 No. - 26411 of 2018
 

 
Applicant :- Smt Pallavi Rastogi
 
Opposite Party :- State Of Up And Another
 
Counsel for Applicant :- Sanjai Srivastava
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Rajeev Misra,J.

Heard Mr. Sanjay Srivastava, learned counsel for the applicant and the learned A.G.A. for the State.

This application under Section 482 Cr.P.C. has been filed challenging the summoning order dated 26th October, 2017 passed by the Special Chief Judicial Magistrate, Allahabad in Complaint Case No. 1720 of 2016 (Dharmendra Kumar Pathak @ Bachanna Pathak vs. Smt. Pallavi Rastogi), under Section 406 I.P.C., Police Station Daraganj, District Allahabad as well as the entire proceedings of the above mentioned complaint case.

Learned counsel for the applicants submits that the present criminal proceedings initiated by the opposite party no.2 are wholly illegal, as firstly, the amount of money, which is alleged to have been taken, was taken by the husband of the applicant, who is already dead. It is next submitted that since no entrustment of any property was made by the opposite party no.2 to the applicant, as such no offence under Section 406 I.P.C. can be said to have been committed by the applicant.

Having considered the submissions advanced by learned counsel for the applicant, learned A.G.A. for the State and upon perusal of the material on the record, matter requires consideration.

Issue notice to opposite party No.2, calling upon him to file counter affidavit.

List on the date fixed in the notice.

Until further orders of court, further proceedings of above mentioned complaint case, shall remain stayed.

(Rajeev Misra, J.)

Order Date :- 13.8.2018

Sushil/-