Citation : 2015 Latest Caselaw 383 ALL
Judgement Date : 5 May, 2015
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 38 Case :- APPLICATION U/S 482 No. - 11971 of 2015 Applicant :- Chandrabhan Singh And Another Opposite Party :- State Of U.P. & Another Counsel for Applicant :- Girish Kumar Singh,Manoj Kumar Singh 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 setting aside the entire proceedings of Case No. 3713 of 2014 (State Vs. Chandrabhan Singh and others) arising out of Case Crime No. 508 of 2013, under Sections 420, 406, 504 I.P.C., Police Station Narahi, District Ballia as well as for staying the effect and operation of the summoning order dated 15.12.2014, pending in the court of Chief Judicial Magistrate, Ballia.
Learned counsel for the applicants has contended that in the First Information Report, it has been alleged by the informant that the applicants 1 and 2 induced him to offer money for getting a job. It is further contended that in the complaint filed initially, all the allegations were made against Satendra Kumar Pandey and it was alleged that it was Satendra Kumar Pandey who had taken a sum of Rs. 2,00,000/- and wanted to return the money, through cheque which ultimately bounced.
The matter requires consideration.
Issue notice to the opposite party no. 2 returnable within six weeks.
The A.G.A. as well as the noticed opposite party may file their replies within the aforesaid period.
Let this matter be listed on the expiry of the aforesaid period before the appropriate Court.
This matter shall not be treated as tied up or part heard to this Bench.
In the meanwhile and until further orders of this Court, further proceedings in Case No. 3713 of 2014 (State Vs. Chandrabhan Singh and others) arising out of Case Crime No. 508 of 2013, under Sections 420, 406, 504 I.P.C., Police Station Narahi, District Ballia as well as for staying the effect and operation of the summoning order dated 15.12.2014, pending in the court of Chief Judicial Magistrate, Ballia.
Order Date :- 5.5.2015
Arun K. Singh
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