HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 26 Case :- APPLICATION U/S 482 No. - 19174 of 2015 Applicant :- Meena And Another Opposite Party :- State Of U.P. & Another Counsel for Applicant :- Jagdish Prasad Mishra Counsel for Opposite Party :- Govt. Advocate Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicants and the learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing the order dated 6.2.2015 passed in discharge application filed by the applicants under Section 229 Cr.P.C. in Case No. 989 of 2009 of 2011 (State Vs. Aizaz and Others), for the offences Sections 498A, 323 IPC and 3/4 D.P. Act, Police Station Sikhera, District Muzaffarnagar with a further prayer to quash the entire proceedings of the aforementioned Case.
Learned counsel for the applicants has submitted that pursuant to the liberty granted by this Court while disposing of Criminal Misc. Application (u/s 482) No. 41480 of 2014, discharge application had been filed which came to be rejected on 6.2.2015. He has further referred to the statement of the girl in question wherein she specifically stated that the applicants had not ill-treated her or hurt her in any manner. He submits that on wholly vague allegations, the criminal prosecution is being continued against them and has referred to and relied upon the judgment of Hon'ble Apex Court in Geeta Mehrotra vs. State of U.P. and others reported in 2012 (10) ADJ 464.
Matter requires consideration.
Issue notice to opposite party no.2 returnable within six weeks at the address given in the application.
Learned A.G.A. as well as the Opposite party no.2 may file their reply within the above period.
List immediately after expiry of the aforesaid period before the appropriate Bench.
In the meanwhile and till the next date of listing, further proceedings of the aforesaid case shall remain stayed against the applicants only.
Order Date :- 14.7.2015/Arun K. Singh