HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 26 Case :- APPLICATION U/S 482 No. - 19835 of 2015 Applicant :- Mohammad Yasir Reshi Opposite Party :- State Of U.P. & Another Counsel for Applicant :- Ram Kaushik,Dileep Gupta,Priyanka Midha,Rahul Sahai Counsel for Opposite Party :- Govt. Advocate Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing the entire proceeding of Special S.T. No. 49 of 2011, (State Vs. Yasir Reshi and another) under Sections 406, 420, 467, 468, 471, 120-B I.P.C. & 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, P.S. Kydganj, District Allahabad arising out of charge sheet no.2 of 2011, dated 27.5.2011 including the cognizance order as well as N.B.W. issued against the applicant.
Learned counsel for the applicant has contended that regarding the same charge sheet the co-accused had approached this Court by filing Crl. Misc. Application No. 18797 of 2011, which is still pending and an interim protection has been granted to the applicant therein. Learned counsel for the applicant has also invited the attention of the Court to the order dated 23.3.2015 passed by the Apex Court in favour of the present applicant.
Issue notice to opposite party no.2 returnable within six weeks at the address given in the application.
Opposite party no.2 may file counter affidavit within six weeks. Learned A.G.A. may also file counter affidavit within the same period. Rejoinder affidavit may thereafter be filed within two weeks.
List along with Crl. Misc. Application No. 18797 of 2011, immediately after expiry of the aforesaid period before the appropriate Bench.
Till the next date of listing, no coercive action shall be taken against the applicant.
Order Date :- 16.7.2015 AHN