Anil Kumar Bhatham vs State Of U.P. And Another
2011 Latest Caselaw 4749 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 54
 
Case :- APPLICATION U/S 482 No. - 29642 of 2011
 
Petitioner :- Anil Kumar Bhatham
 
Respondent :- State Of U.P. And Another
 
Petitioner Counsel :- Sunita Singh Chauhan
 
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 the charge sheet  dated 14.8.2010 in case crime no. 247 of 2010 under sections 498-A, 323, 504, 506 I.P.c. and section 3/4 of Dowry Prohibition Act P.S. Sipri Bazar District Jhansi.

Learned counsel for the applicant contends that as per allegation leveled against the applicant that applicant had criminally assaulted the opposite party no.2 at Jhansi on 7.3.2010 at about 10.30 A.M. However it is argued that applicant as well as opposite party no.2 were present at P.S. Kotwali Kalpi on 7.3.2010 from 10.30 A.M. to 11.30 A.M. and distance between Jhansi to Kalpi is 125 Km. thus it is  argued that  allegation made against the applicant is absolutely false, therefore, filing of charge sheet is bad in law. It is further argued that applicant had initiated proceedings under section 9 of the Hindu Marriage Act against the opposite party no.2 and after receipt of notice, opposite party no.2 had initiated  present proceedings, which is nothing but a gross misuse of the process of the court. 

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 :- 20.9.2011

Atul kr. sri.