Asheesh Yadav vs State Of U.P. And Another
2016 Latest Caselaw 7627 ALL

Citation : 2016 Latest Caselaw 7627 ALL
Judgement Date : 16 December, 2016

Allahabad High Court

Asheesh Yadav vs State Of U.P. And Another on 16 December, 2016

Bench: Rajesh Dayal Khare




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 50
 

 
Case :- APPLICATION U/S 482 No. - 38823 of 2016
 

 
Applicant :- Asheesh Yadav
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Chandra Bhan Yadav,Hirdesh Kumar Yadav
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Rajesh Dayal Khare,J.

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

The present 482 Cr.P.C., application has been filed for quashing the charge sheet dated 28.11.2014 in Case Crime No.267/2014, under Sections 354Kha, 504, 506 I.P.C. and Sections 3(1)X S.C./S.T. Act, Police Station- Govind Nagar, District- Kanpur Nagar (State Vs. Asheesh Yadav).

It is contended by learned counsel for the applicants that the F.I.R., has been lodged after 53 days of the alleged incident, which itself falsify the prosecution story. It is next contended that bare perusal of the first information report would go to show that no offence under the SC/ST Act is made out against the applicant. It is thus, contented that the applicant has been falsely implicated in the present case due to ulterior motive.

Issue notice to the opposite party no.2 returnable within a period of four weeks. Steps be taken within a week.

Learned A.G.A. prays for and is granted four weeks' time for filing counter affidavit. Opposite party no.2 may also file counter affidavit within the same period. As prayed by learned counsel for the applicant, two weeks, thereafter, is granted for filing rejoinder affidavit.

List immediately after expiry of the aforesaid period before appropriate Court.

Till the next date of listing, no coercive action shall be taken against the applicant in the aforesaid case.

Order Date :- 16.12.2016

Dev/-