Arjun Seth And 4 Others vs State Of U.P. And Another
2013 Latest Caselaw 632 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 41
 

 
Case :- APPLICATION U/S 482 No. - 11769 of 2013
 

 
Petitioner :- Arjun Seth And 4 Others
 
Respondent :- State Of U.P. And Another
 
Petitioner Counsel :- Mithilesh Kumar Gupta
 
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 Criminal Case No. 182 of 2013, in Case Crime No. 607 of 2012 under Sections 147, 323, 504, 506 I.P.C., and and 3(1) X SC/ST Act, Police Station Bahariyabad, District Ghazipur, pending before learned Judicial Magistrate, District Ghazipur.

It is contended by the learned counsel for the applicants that the applicants are  the students and the injuries sustained by the opposite party no.2 appear to be received by falling from two wheeler vehicle and which was not cause by the applicants.  It is further contended that no offence under the charged Sections is made out against the applicants.

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.

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