Abhishek @ Abhishek Mishra v. State Of U.P. Thru. Prin. Secy. Deptt. Of Home Civil
Case at a glance
Provisions considered
- Code of Criminal Procedure, 1973 s. 482
- Indian Penal Code, 1860 ss. 419, 420, 467, 468, 471
Judgment
Vakalatnama filed by Shri Girdhari Lal Shukla, Advocate on behalf of opposite party no. 2 is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed for quashing the summoning order dated 25.06.2020, passed in Case No.3721 of 2020, pending before the Chief Judicial Magistrate, Gonda, charge sheet dated
17.08.2019 arising out of Case Crime No.379 of 2019, under Sections 419, 420, 467, 468, 471 IPC., Police Station Kotwali Nagar, District Gonda and with a further prayer to stay the entire proceedings of the aforesaid case.
It has been submitted by learned counsel for the applicant that co-accused Virendra Pratap Mishra, who is also a marginal witness in Application U/s 482 Cr.P.C. No.7222 of 2025 in which an interim order has already been granted. Learned counsel submitted that the applicant is also a marginal witness and parties have arrived at a settlement/compromise in the civil court regarding dispute, which is pending before the concerned court and the decree has been passed.
Prima facie, the matter requires consideration.
Let counter affidavit be filed by the opposite parties within four weeks.
One week thereafter is given to the counsel for the applicant to file rejoinder affidavit.
List and connect this petition along with Application No.482 Cr.P.C. No.7222 of 2025.
Till the next date of listing, criminal proceedings arising out of Case Crime 2 A482 No. 9142 of 2025 No.379 of 2019, under Sections 419, 420, 467, 468, 471 IPC., Police Station Kotwali Nagar, District Gonda shall remain stayed so far as the applicant is concerned.. October 30, 2025 Pks (Brij Raj Singh,J.)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.