Irfan & 2 Others vs State Of U.P. & Another
2017 Latest Caselaw 2693 ALL

Citation : 2017 Latest Caselaw 2693 ALL
Judgement Date : 26 July, 2017

Allahabad High Court

Irfan & 2 Others vs State Of U.P. & Another on 26 July, 2017

Bench: Abhai Kumar




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 22
 
Case :- APPLICATION U/S 482 No. - 21965 of 2017
 
Applicant :- Irfan & 2 Others
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Applicant :- Arvind K. Pandey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Abhai Kumar,J.

Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

This application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire criminal proceedings of Complaint Case No.266 of 2016 (Raies vs. Irfan and others), pending in the Court of Judicial Magistrate, Sambhal, under Sections 452, 504, 323, 336, 427, 506 and 392 I.P.C., Police Station Sambhal, District Sambhal alongwith summoning order dated 21.12.2016 as well as revisional order dated 9.6.2017 passed in Criminal Revision No.23 of 2017.

It is submitted by the learned counsel for the applicants that FIR was lodged on the side of the applicants in the year 2014 in which charge sheet has already been submitted. The present complaint is a counter blast to that and has been filed on frivolous ground. Nobody was injured in the matter and the allegations made in the compliant are not supported by oral evidence. It is also submitted by the learned counsel for the applicants that revision filed by the applicants is also dismissed by the revisional court without considering all aspects of the matter. The witness Saroj, who is produced under Section 202 Cr.P.C. does not find place in the complaint. It is also submitted that the witness Ikram, who is produced under Section 202 Cr.P.C., is an accused in charge sheeted case filed by the applicants.

The matter requires consideration.

Issue notice to the opposite party no.2 to file counter affidavit within four weeks from today. Rejoinder affidavit, if any, can be filed within two weeks thereafter.

List immediately thereafter.

The further proceeding in Complaint Case No.266 of 2016 (Raies vs. Irfan and others), pending in the Court of Judicial Magistrate, Sambhal, under Sections 452, 504, 323, 336, 427, 506 and 392 I.P.C., Police Station Sambhal, District Sambhal, shall remain stayed till the next date of listing.

The matter will not be treated as tied-up or part-heard to this Bench. It will be listed before the appropriate Bench.

Order Date :- 26.7.2017

Ajeet