Baleshwar And 3 Others vs State Of U.P. And Another
2013 Latest Caselaw 3558 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44
 
Case :- APPLICATION U/S 482 No. - 20635 of 2013
 

 
Applicant :- Baleshwar And 3 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Aditya Prasad Mishra
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Ramesh Sinha,J.

Heard Sri Aditya Prasad Mishra, learned counsel for the applicants and learned AGA for the State.

This application under Section 482 Cr.P.C. has been filed for quashing the entire criminal proceedings of Complaint Case No.26 of 2012 (Prem Giri Vs. Baleshwar and others), under Sections 323,324,452,504,506 I.P.C. police station Medical, District Meerut including the summoning order dated 7.5.2013 passed by learned A.C.J.M., Court No.2, District Meerut in complaint case No. 26 of 2012.

After having very carefully examined, the submissions made by the learned counsel for the applicants and perused the material brought on record, I find that so far as applicant nos.1,3 & 4, namely, Baleshwar, Naresh  Giri & Anuj Giri  are concerned, there is no justification for quashing the prosecution of the aforementioned case.

The prayer to that extent on behalf of applicant 1,3 & 4 is hereby refused.

However, it is directed that in case the applicant 1,3 & 4 appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.

It is made clear that the applicant 1,3 & 4 will not be granted any further time by this Court for surrendering before the Court below as directed above.

So far as applicant nos.2, namely, Smt. Sheela is concerned, it has been contended by learned counsel for the applicants that she is a lady and she has been falsely implicated  by her father-in-law along with other accused persons.

Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A.

Issue notice to opposite party no.2 returnable within four weeks at the address given in the application.

Opposite party no.2 may file counter affidavit within four weeks. Learned A.G.A. may also file counter affidavit within the same period. Rejoinder affidavit may thereafter be filed within two weeks.

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

Till the next date of listing, further proceedings of the aforesaid case shall remain stayed against applicant no.2 namely Smt. Sheela.

Order Date :- 3.7.2013

NS