HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 53 Case :- APPLICATION U/S 482 No. - 33430 of 2015 Applicant :- Rajiv And Anr. Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Avdhesh Narayan Tiwari Counsel for Opposite Party :- G.A. Hon'ble Pankaj Naqvi,J.
Heard Sri Avdhesh Narayan Tiwari, learned counsel for the applicants and the learned A.G.A.
This application under Section 482 Cr.P.C. has been filed for quashing the Charge Sheet No.15/2015 dated 1.9.2015 and entire proceedings of Case Crime No. 137 of 2015 ( State Vs. Rajiv and another), under Sections 323, 504, 506 IPC and 3(1)10 SC/ST Act, Police Station Gohan, District Jalaun, pending in the Court of Chief Judicial Magistrate, Orai District Jalaun.
It is submitted that even assuming the allegations made in the F.I.R., the accompanying materials and the charge-sheet to be true, only general allegation was made against the applicants. Learned counsel for the applicants placed reliance on the case of Gorige Pentaiah Vs. State of A.P. and others, 2009 (64) ACC 430.
Notice on behalf of the opposite party no. 1 has been accepted by learned AGA. He prays for and is allowed a month to file counter affidavit.
Issue notice to opposite party no. 2, who may also file counter affidavit within the same period.
Rejoinder affidavit, if any, may be filed within two weeks thereafter.
List after expiry of the aforesaid period.
Till the next date of listing, further proceeding of Charge Sheet No.15/2015 dated 1.9.2015 and entire proceedings of Case Crime No. 137 of 2015 ( State Vs. Rajiv and another), under Sections 323, 504, 506 IPC and 3(1)10 SC/ST Act, Police Station Gohan, District Jalaun, pending in the Court of Chief Judicial Magistrate, Orai District Jalaun, shall remain stayed.
Order Date :- 19.11.2015 Mukesh (Pankaj Naqvi,J.)