Satyaveer vs State Of U.P. And Another
2013 Latest Caselaw 599 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 41
 

 
Case :- APPLICATION U/S 482 No. - 11756 of 2013
 

 
Petitioner :- Satyaveer
 
Respondent :- State Of U.P. And Another
 
Petitioner Counsel :- Amrita Rai
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Rajesh Dayal Khare,J.

Heard learned counsel for the applicants and learned A.G.A. for the State.

The present 482 Cr.P.C., application has been filed for quashing the proceedings arising out of Case Crime No 592 of 2012 under Sections 419, 420, 468, 471, 177 and 181 I.P.C., Police Station Faizganj Behta, District Badaun pending before learned Additional Chief Judicial Magistrate, Court No. 2, District Badaun.

It is contended by the learned counsel for the applicants that the applicant is the only witness of the incident, which occurred on 27.7.2011.  It is also contended that the cognizance taken by the Magistrate is barred by Section 195, Cr.P.C., which itself shows that the applicant has been summoned without application of mind.  It is next contended that the applicants have been falsely implicated in the present case.

Issue notice to the opposite party no.2 returnable within a period of 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 applicants, two weeks, thereafter, is granted for filing rejoinder affidavit.

List immediately after expiry of the aforesaid period before appropriate Court.

Till the next date of listing, no coercive action shall be taken against the applicants in the aforesaid case

Order Date :- 9.4.2013

Priyanka