Allahabad High Court
Santosh Kumar Yadav And Another vs State Of U.P. And Another on 5 July, 2010
Author: Vinod Prasad
Bench: Vinod Prasad
Court No. - 54 Case :- APPLICATION U/S 482 No. - 21271 of 2010 Petitioner :- Santosh Kumar Yadav And Another Respondent :- State Of U.P. And Another Petitioner Counsel :- Achal Singh Vats,Munna Singh Respondent Counsel :- Govt Advocate Hon'ble Vinod Prasad,J.
Heard learned counsel for the applicant and learned AGA in opposition.
Admittedly, the instant case is a cross case. Happening of the incident is admitted to both the rival contesting sides. It is for the trial Magistrate to accept or reject the version and the allegations levelled by the either sides. Once the happening of the incident is admitted, it cannot be said that the prosecution launched by either side is malicious or vaxatious, therefore, there does not arise any question for exercise of power under Section 482 Cr.P.C. to stifle down the legitimate prosecution.
In such a view, the prayer for quashing of the proceeding of Case No.125 of 2008, State Vs. Santosh Kumar Yadav and another, under Sections 323, 504 and 506 IPC, P.S. Rasara, District Ballia, pending in the court of A.C.J.M., Ist, Ballia arising out of Crime No.115 of 2007 is hereby refused. It was then submitted that the proceeding in the cross version has been stayed in Criminal Miscellaneous Application No.23723 of 2009.
The aforesaid Criminal Miscellaneous Application is directed to be listed in the cause list on 14th July 2010.
This Criminal Miscellaneous Application is dismissed.
Order Date :- 5.7.2010 RK