HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 49 Case :- APPLICATION U/S 482 No. - 21349 of 2015 Applicant :- Mobeen And 4 Ors. Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Zafar Abbas Counsel for Opposite Party :- Govt. Advocate Hon'ble Pankaj Naqvi,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C. is filed for quashing the entire proceedings of Complaint Case No. 775 of 2014, under Sections 354, 506 I.P.C. Police Station Hasanpur, District J.P. Nagar pending in the court of Judicial Magistrate J.P. Nagar.
The contention is that the applicant no.1 to 4 are nephews of one Gaffar, who was the informant in Case Crime no. 321 of 2013, under Section 302 and 120 I.P.C. Police Station Hasanpur, Amroha relating to the murder of his niece in which Irshad, Hayat, Yamin Alijan, Khalid and Khalil were arraigned as accused. Further the bail of said accused persons is rejected and trial is under way. Further contention is that the opposite party no.2 / Km Shahnaz is none other than daughter of Khalid accused no.5, in Case Crime no. 321 of 2013. Further O.P. no.2 with a view to coerce the applicants to come to terms, lodged an F.I.R. as Case Crime no. 618 of 2014, under Sections 307, 504, 506 I.P.C. against applicant no.2 /Zulfiqar and one Rahiman as accused persons, in which after investigation a final report was submitted on 28.10.2014. However O.P. no.2 again instituted an application u/s 156(3) Cr.P.C. against the applicants which is treated as a complaint case, in which after the statements under Sections 200 / 202 Cr.P.C. applicants have been summoned.
The contention is that the aforesaid complaint is an outcome of malice and mischief so that they may come to terms u/s 302 I.P.C.
Issue notice to O.P. no.2 returnable at an early date.
Opposite parties may file counter affidavits within four weeks. Rejoinder, if any, may be filed within two weeks thereafter.
List in the week commencing 12.10.2015, before the appropriate Court.
Till the next date of listing, further proceedings of Complaint Case No. 775 of 2014, under Sections 354, 506 I.P.C. Police Station Hasanpur, District J.P. Nagar pending in the court of Judicial Magistrate J.P. Nagar shall remain stayed.
Order Date :- 28.7.2015 AHN