HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 49 Case :- APPLICATION U/S 482 No. - 21525 of 2015 Applicant :- Indrajeet Sen Gupta Opposite Party :- State Of U.P. & Another Counsel for Applicant :- A.B. Singhal Counsel for Opposite Party :- Govt. Advocate Hon'ble Pankaj Naqvi,J.
Heard Sri A.B. Singhal, learned counsel for the applicant, learned A.G.A. for the State.
This application under section 482 Cr.P.C. is preferred for quashing the entire proceedings of Complaint Case No. 534 of 2013, Satyaki Sen Vs. Indrajeet Sengupta, under Sections 323, 506 I.P.C. P.S. 24 NOIDA, District Gautam Budh Nagar, pending in the court of A.C.J.M.-I, Gautam Budh Nagar.
The contention is that the daughter of the applicant is married to opposite party no.2; the applicant is residing at Kolkata and opposite party no.2 at Gautam Budh Nagar (U.P.). Further contention is that on account of matrimonial dispute F.I.R. dated 1.10.2012 was lodged by the daughter of applicant under Sections 498-A, 406 & 3/4 D.P. Act at Kolkata against O.P. no.2 but in retaliation the latter filed a complaint dated 5.3.2013 against the applicant on absolutely frivolous allegation that the applicant with his family members came from Kolkata to inflict the alleged injury at Gautam Budh Nagar and extended life threat that if he does not withdraw his case he would face dire consequences. Further contention is that provisions of Section 202 Cr.P.C. was not complied with by the learned Magistrate before issuing process in a case where the applicant was residing at a place beyond the jurisdiction of the Magistrate.
Notice on behalf of the O.P. no. 1 is accepted by the learned AGA.
Issue notice to O.P. no. 2 returnable at an early date. Counter affidavit may be filed within a month. Rejoinder if any, may be filed within two weeks thereafter.
List in the week commencing 26.10.2015 before the appropriate Court Till the next date of listing, further proceedings of Complaint Case No. 534 of 2013, Satyaki Sen Vs. Indrajeet Sengupta, under Sections 323, 506 I.P.C. P.S. 24 NOIDA, District Gautam Budh Nagar, pending in the court of A.C.J.M.-I, Gautam Budh Nagar shall remain stayed in respect of the applicant only.
Order Date :- 29.7.2015 AHN