Dr. S.A. Dubey And Others vs State Of U.P. And Others
2023 Latest Caselaw 22630 ALL

Citation : 2023 Latest Caselaw 22630 ALL
Judgement Date : 21 August, 2023

Allahabad High Court

Dr. S.A. Dubey And Others vs State Of U.P. And Others on 21 August, 2023

Bench: Anish Kumar Gupta





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:167755
 
Court No. - 92
 

 
Case :- APPLICATION U/S 482 No. - 16343 of 2006
 

 
Applicant :- Dr. S.A. Dubey And Others
 
Opposite Party :- State of U.P. and Others
 
Counsel for Applicant :- A. Kumar Singh
 
Counsel for Opposite Party :- Govt. Advocate
 
Hon'ble Anish Kumar Gupta,J.

1. No one is present on behalf of the applicants even on the revised call.

2. The instant application has been filed seeking quashing of the case no. 160 of 1998, Neeraj Bindal vs. Unit Trust of India and Others, under Sections 406, 420, 468, 471 IPC, P.S. Kasganj, District Etah.

3. The instant case was arising out of the complaint case on which the learned A.C.J.M., Kasganj has taken cognizance of the matter on 25-09-1998. It is the case of the opposite party no.2 that they have purchased master share unit from the applicants herein and has moved an application for transfer of the said master share units in his favour. However, the applicant nos.1 and 2 in collusion with each other after receiving the said share certificate deliberately with malafide intention have destroyed the said share certificate and misappropriated the amount of the said share.

4. The learned trial court vide order dated 25-09-1998 has taken cognizance against the the applicant no.1 against which the present application under Section 482 Cr.P.C. has been filed.

5. On 11-12-2006, this Court has issued notice against the opposite party no.2, however, service as per the office report is still not complete on the opposite party no.2.

6. From the perusal of the F.I.R as well as the chargesheet, it can't be said that no offence whatsoever is made out against the applicants herein. Therefore, in the light of the judgment in State of Haryana & Ors. vs. Bhajan Lal : 1992 SCC (Cri) 426 and Veena Mittal vs. State of U.P. & Ors: 2022 LiveLaw (SC) 110 : 2022 (1) RCR (Criminal) 818, this Court does not find any good ground for quashing the proceedings, as prayed by learned counsel for the applicant. Hence an Application u/s 482 is hereby dismissed.

Order Date :- 21.8.2023

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