2026 (8) TMI 638

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....N For the Petitioner(s): Mr. Pallav Mongia, AOR, Ms. Ishita Nayak, Adv., Ms. Kashish Lalwani, Adv. For the Respondent(s): Mr. Shaurya Sahay, AOR, Mr. Aman Jaiswal, Adv., Ms. Sharvi Sharma, Adv., Mr. Shivam Raghuwanshi, Adv., Mr. Nitish Kumar Mishra, Adv., Mr. Ramji Dwivedi, Adv., Mr. Sriram P., AOR. ORDER Leave granted. 2. The allegation, on which the respondent herein initiated the....

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....n 202 of the Code of Criminal Procedure, 1973 (Cr.PC). After inquiry, the police confirmed that there existed no flat as pointed out by the appellant and submitted the call data records to show that the appellant was present at Lucknow on 06.03.2023, the alleged date of assault. There was also a proceeding under the Negotiable Instruments Act, 1881 with reference to Rs.10 lakhs pending against the....

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....spondent, was not heard by the High Court. In fact, the High Court dispensed with the notice to the 2nd respondent since he had no right to be heard at the pre-cognizance stage. The High Court should have noticed that if a remand is made, setting aside the order refusing cognizance, then that would necessarily prejudice the person against whom allegations are raised. 7. Another aspect noticed b....