Unknown vs Minti Bedi And Others"
2022 Latest Caselaw 2499 UK

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      06.08.2022                        C-482 No.1405 of 2022
                                        Hon'ble Alok Kumar Verma, J.

This is an application under Section 482 of the Code of Criminal Procedure, 1973 to quash the entire proceedings of Criminal Case No.6706 of 2020, "State vs. Minti Bedi and Others", under Sections 323, 504, 506, 406, 420 & 34 IPC.

Heard Mr. V.B.S. Negi, the learned Senior Advocate assisted by Mr. S.R.S. Gill, learned counsel for the applicants and Mr. Subhash Tyagi Bhardwaj, learned Deputy Advocate General for the State.

The learned Senior Advocate appearing for the applicants submitted that the summoning order was passed without applying the judicial mind. Therefore, the cognizance/summoning order is liable to be quashed. He further submitted that on the said ground, the applicants had preferred a criminal revision. The said criminal revision has been dismissed.

The learned Senior Advocate appearing for the applicant has relied upon a judgment of the Hon'ble Supreme Court in "Mehmood Ul Rehman vs. Khazir Mohammad Tunda and Others " (2015) 12 SCC 420.

The learned counsel for the State submitted that according to the charge- sheet, evidence have been found against the applicants. He further submitted that this is a fresh case and requested four weeks' time to file counter affidavit.

Issue notice to the respondent no.2. Steps to be taken within three days. In the facts and circumstances of the case, it would be appropriate to give a proper and effective hearing to the respondents also, even before passing any order on the stay application.

List this case on 27.08.2022 after fresh.

(Alok Kumar Verma, J.) 06.08.2022

JKJ/Pant