Sanjay Nigam vs State Of U.P. And 2 Ors
2016 Latest Caselaw 4963 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 28
 
Case :- APPLICATION U/S 482 No. - 20069 of 2016
 
Applicant :- Sanjay Nigam
 
Opposite Party :- State Of U.P. And 2 Ors
 
Counsel for Applicant :- B.S. Pandey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Abhai Kumar,J.

Sri Abhay Raj Yadav, Advocate has filed his vakalatnama on behalf of the respondent no.2, is taken on record.

Heard learned counsel for the parties and perused the record.

This application has been moved to quash the entire proceedings and impugned charge-sheet and cognizance order dated 17.03.2016, pending before the court of Chief Judicial magistrate, Jalaun at Urai, in Case Crime No.72 of 2015 registered under Sections 354, 323, 504, 506, IPC, Police Station Mahila Thana Urai, District Jalaun.

It is submitted by the learned counsel for the applicant that first information report of the instant case was registered against the sister of the applicant namely Snehlata Nigam and against the applicant. Criminal Misc. Application under Section 482 Cr.P.C. No. 13697 of 2016 was filed by the sister of the applicant in which further proceeding of the aforesaid case against the sister of the applicant has already been stayed and in that proceeding the case of the applicant is also similar.

Submission of learned counsel for the applicant that first information report has been lodged falsely and charge-sheet has been filed without specific evidence. It is further submitted that proceeding initiated by the sister of the applicant is still pending and by not getting the desired result this false case has been instituted.

Matter requires consideration.

Learned AGA has accepted notice on behalf of the respondent no.1.

Issue notice to respondent no.3.

Learned AGA is directed to file a counter affidavit, within four weeks. Learned counsel for the respondent nos.2 and 3 may also file a counter affidavit with same period. Rejoinder affidavit, if any, may be filed within two weeks thereafter.

List the matter immediately after exchange of counter affidavit and rejoinder affidavit between the parties, alongwith connected Criminal Misc. Application under Section 482 Cr.P.C. No. 13697 of 2016, before appropriate Bench. Matter will not be treated as tied up or part hard.

Till the next date of listing, further proceedings of the aforesaid case shall remain stayed. 

Order Date :- 8.8.2016/VKG