Mohd. Wasique And 3 Others vs State Of U.P. & Another
2015 Latest Caselaw 275 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 38
 
Case :- APPLICATION U/S 482 No. - 11351 of 2015
 
Applicant :- Mohd. Wasique And 3 Others
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Applicant :- Sharique Ahmed
 
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 11.03.2015 and the entire proceedings of Complaint Case No. 5093 of 2014 (Wakas Ali Vs. Mohd. Washique and others), under Section 323, 504, 506 I.P.C., Police Station Colonelganj, District Kanpur Nagar, pending in the court of M.M. 10th , Kanpur Nagar.

Learned counsel for the applicants has contended that the instant proceedings are a counter blast and have been lodged malafide and only to wreak vengeance on the applicants on account of their sister having initiated proceedings under Section 498-A I.P.C. against the opposite party. He has relied upon the dictum laid down by the Apex Court in M/s. Eicher Tractor Ltd. And Others Vs. Harihar Singh And Another; 2009 (64) ACC 296 in support of his submissions.

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 after six weeks before the appropriate Court.

In the meanwhile and until the next date of listing, further proceedings in Complaint Case No. 5093 of 2014 (Wakas Ali Vs. Mohd. Washique and others), under Section 323, 504, 506 I.P.C., Police Station Colonelganj, District Kanpur Nagar, pending in the court of M.M. 10th , Kanpur Nagar, 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