Jairam And 5 Others vs State Of U.P. & Another
2015 Latest Caselaw 236 ALL

Citation : 2015 Latest Caselaw 236 ALL
Judgement Date : 30 April, 2015

Allahabad High Court

Jairam And 5 Others vs State Of U.P. & Another on 30 April, 2015

Bench: Yashwant Varma




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 38
 
Case :- APPLICATION U/S 482 No. - 11353 of 2015
 
Applicant :- Jairam And 5 Others
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Applicant :- Nitin Gupta
 
Counsel for Opposite Party :- Govt. Advocate
 
Hon'ble Yashwant Varma,J.

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

This application under Section 482 Cr.P.C. has been filed for quashing the summoning order dated 16.02.2015 and the entire proceedings of Case No. 2885 of 2014 (Narendra Kumar Vs. Jairam and others), under Section 323, 504 and 506 I.P.C., Police Station Vijay Nagar, District Ghaziabad, pending in the court of Additional Chief Judicial Magistrate, Court No. 2, Ghaziabad.

Learned counsel for the applicants has contended that the opposite parties and other relatives has been arraigned in a complaint lodged by the applicants alleging commission of offences under Section 452, 467, 468, 471, 420, 380, 323, 504, 506 and 498A I.P.C. It is submitted that the instant complaint (which has given rise to the orders impugned) has been instituted only as a counter blast and only after the opposite party was summoned in the complaint lodged by the applicant registered as Complaint Case No. 1615 of 2013.

The matter requires consideration.

Issue notice to the respondent no. 2 returnable within four weeks.

The opposite parties may file their replies within the aforesaid period.

Let this matter be listed on the expiry of the aforesaid period before the appropriate Court.

In the meanwhile and until further orders of this Court, further proceedings in Case No. 2885 of 2014 (Narendra Kumar Vs. Jairam and others), under Section 323, 504 and 506 I.P.C., Police Station Vijay Nagar, District Ghaziabad, pending in the court of Additional Chief Judicial Magistrate, Court No. 2, Ghaziabad shall remain stayed.

This matter shall not be treated as tied up or part heard to this Bench.

Order Date :- 30.4.2015/Arun K. Singh