Nand Kumar Urf Rai Sahab vs State Of U.P. And Another
2011 Latest Caselaw 4734 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 54
 

 
Case :- APPLICATION U/S 482 No. - 29332 of 2011
 

 
Petitioner :- Nand Kumar Urf Rai Sahab
 
Respondent :- State Of U.P. And Another
 
Petitioner Counsel :- Ali Hasan,Ishtiyaq Ali
 
Respondent Counsel :- Govt.Advocate
 

 
Hon'ble Rajesh Dayal Khare,J.

Heard learned counsel for the applicant and learned A.G.A. for the State-respondent.

The present 482 Petition has been filed for quashing of the proceedings of Criminal Case No. 408 of 2004 under sections 147, 323, 504, 506, 452 I.P.C. P.S. Maharajganj District Jaunpur pending in the court of Additional Chief Judicial Magistrate, V Jaunpur and quashing the summoning order dated 9.6.2004.

Learned counsel for the applicant contends that the applicant is Junior Officer in Indian Air Force  and is residing in Mumbai therefore he had no notice of the filing of the present case in which he has been falsely implicated. It is further contended that according to the paragraph-8 of the affidavit applicant came to know about the pendency of the present case through Daya Ram who was also co-accused, when non-bailable warrant was issued on 7.4.2011, thereafter he enquired  into the matter and filed 482 Petition, therefore there is no latches on the part of the applicant to file Application under section 482 Cr.P.C. Learned counsel for the applicant contends that crimianl prosecution against the  applicant is bad in law as much as 11 persons are shown to have assaulted the complainant but it is a case of no injury, thus it shows that apllicant has been faslsely implicated.   It is further contended that applicant was  not present at the time of incident as he was on his duty at Mumbai.

Issue notice to opposite party no. 2 returnable within four weeks. Steps be taken within a week.

Learned A.G.A. prays for and is granted four weeks' time for filing counter affidavit. Opposite party no. 2 may also file counter affidavit within the same period. As prayed by learned counsel for the applicant, two weeks' time thereafter, is granted for filing rejoinder affidavit.

List after expiry of aforesaid period before appropriate Court.

Till the next date of listing, no coercive action shall be taken against the applicant pursuant to the aforesaid case.

Order Date :- 19.9.2011

Atul kr. sri.