Radheyshyam Mishra And Another vs State Of U.P. And Another
2014 Latest Caselaw 7511 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 22
 

 
Case :- APPLICATION U/S 482 No. - 41794 of 2014
 

 
Applicant :- Radheyshyam Mishra And Another
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Pradeep Kumar Singh
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Akhtar Husain Khan,J.

Notices on behalf of opposite party nos.1 and 2 have been accepted by learned A.G.A.

Heard learned  counsel for the applicants as well as learned A.G.A.

By filing this application u/s 482 Cr.P.C.  the applicants have prayed to quash proceedings initiated on charge sheet  dated 5.10.2012 submitted in Case Crime No.627 of 2011, under section 2/3 (1) U.P. Gangsters and Antisocial Activities (Prevention) Act, 1986, Police Station Mau, District Chitrakoot.

Learned counsel for applicants submitted that co-accused Laxi Narayan Mishra and Vidya Sagar Mishra and another have filed Application u/s 482 Cr.P.C. nos. 33055 of 2014 as well as 38864 of 2014 respectively in which interim order has been passed and until further orders of this Court further proceedings of crime initiated on the said charge sheet has been stayed.

Learned A.G.A. opposed the application for interim relief. 

In view of the stay order passed by Hon'ble Single Judge of this Court in Application u/s 482 Cr.P.C. nos. 33055 of 2014 and 38864 of 2014 vide orders dated 22.8.2014 and 12.9.2014, it appears just to connect this application moved under section 482 Cr.P.C. with above two applications  u/s 482 Cr.P.C. and to make effective stay order passed in the said application in this case also.

In view of above stay orders dated 22.8.2014 and 12.9.2014 are made effective in respect of present application also till the next date of listing.

Counter affidavit may be filed within four weeks. Rejoinder affidavit, if any, may be filed within two weeks thereafter. 

List after six weeks for hearing before appropriate bench alongwith connected Application u/s 482 Cr.P.C. nos. 33055 of 2014 and 38864 of 2014.

Order Date :- 13.10.2014

RU