Om Prakash & Others vs State Of U.P. & Another
2017 Latest Caselaw 2973 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 56
 

 
Case :- APPLICATION U/S 482 No. - 2917 of 2006
 

 
Applicant :- Om Prakash & Others
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Applicant :- J.S. Kashyap
 
Counsel for Opposite Party :- Govt. Advocate,A.K. Agarwal,Arvind Agarwal
 

 
Hon'ble Ifaqat Ali Khan,J.

Heard Sri J. S. Kashyap, learned counsel for the applicant, Sri Arvind Agarwal, learned counsel for Opposite Party No.2 and learned A.G.A. for the State.

Learned counsel for the applicants argued that he has moved this application to quash the charge sheet no.262 of 2005 and the order dated 19.12.2005 passed in Criminal Case No.30847 of 2005, State vs. Om Prakash Amin and others under section 323, 504 and 506 I.P.C., Police Station-South, District-Firozabad, and to stay the proceeding of the Criminal Case No.30847 of 2005.

Learned counsel for the applicants started argument from this point that on the basis of application moved under section 156 (3) Cr.P.C. this case was initiated and impugned charge sheet was filed. Prior to this application moved under section 156 (3) Cr.P.C. one F.I.R. was already lodged by the respondent no.2 of the same fact against the applicant and on the basis of that prior F.I.R. The matter was investigated and final report was submitted by Investigating Officer, and that final report was accepted by the Magistrate concerned. But no such F.I.R. is on the record to corroborate the version of the learned counsel for the applicants.

Learned counsel for the applicants ask for two weeks time to file the copy of said F.I.R. if any.

List after two weeks.

Operation of interim injunction order dated 05.04.2006 is extended till the next date of listing.

Learned counsel for the Opposite Party no.2 submitted that F.I.R. to which the applicant counsel is mentioning relates to another crime.

Order Date :- 3.8.2017

Swati