Citation : 2014 Latest Caselaw 2743 ALL
Judgement Date : 9 July, 2014
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 50 Case :- APPLICATION U/S 482 No. - 22655 of 2014 Applicant :- Mauseen And 3 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- R.P.S. Chauhan Counsel for Opposite Party :- Govt.Advocate Hon'ble Arvind Kumar Tripathi,J.
Heard learned counsels for the parties and perused the record.
This application u/s 482 Cr.P.C. has been filed with the prayer to quash the entire criminal proceedings of Complaint case No. 265 of 2013 under Sections 452, 392, 323, 504, 506 I.P.C. pending in the court of A.C.J.M. Chandausi District Sambhal (Mohd. Yaseen Vs. Mauseen and others) and summoning order dated 23.08.2013.
Learned counsel for the applicants contended that on 21.05.2013, the complainant his son his wife and his father in law was assaulted the applicant no.3 causing serious injuries in which he was under treatment. The applicant no.4 subscriber of the F.I.R. he has also been implicated in the present case on the basis of forged fabricated injury report. Though injuries are simple in nature. The alleged incident have taken place on 15.6.2013, which is unbelievable, hence proceeding is liable to be quashed.
Issue notice to opposite party no. .2, returnable at an early date.
Four weeks' time is allowed to file counter affidavit on behalf of the opposite party no.2, as well as learned AGA, two weeks, thereafter, for rejoinder affidavit.
List after six weeks .
Till the next date of listing, further proceedings of Complaint case No. 265 of 2013 under Sections 452, 392, 323, 504, 506 I.P.C. pending in the court of A.C.J.M. Chandausi District Sambhal (Mohd. Yaseen Vs. Mauseen and others) shall remain stayed.
Order Date :- 9.7.2014
AHN
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