Allahabad High Court
Ajay Kumar Singh vs State Of U.P.And Another on 14 June, 2010
Author: Bala Krishna Narayana
Bench: Bala Krishna Narayana
Court No. - 6 Case :- APPLICATION U/S 482 No. - 14521 of 2010 Petitioner :- Ajay Kumar Singh Respondent :- State Of U.P.And Another Petitioner Counsel :- Shrichandra Respondent Counsel :- Govt. Advocate Hon'ble Bala Krishna Narayana,J.
Notice on behalf of the opposite party no. 1 has been accepted by learned AGA, who prays for and is allowed four weeks' time to file counter affidavit. Issue notice to opposite party no. 2 returnable within six weeks. Steps be taken within two weeks. Opposite party no. 2 may be filed counter affidavit within the same period. Rejoinder may be filed within two weeks' thereafter. List thereafter.
Submission is that neither the allegations made in the F.I.R. nor the material collected during investigation disclose the ingredients of any offence against the applicant. It has further been contended that the impugned criminal prosecution has been lodged against the applicant, who is Marketing Inspector as counter blast to the criminal proceeding initiated against the opposite party no. 2 at the behest of the applicant with the ulterior motive of harassing the applicant.
Considering the submissions and the facts stated this Court is of the view that the applicant has made out a case for grant of interim order. Till the next date of listing, further proceeding of order dated 17.11.2007 in case crime no. 674 of 2007, under Sections 467, 468, 471, 409, 419 I.P.C., P.S. Nandganj, District Ghazipur pending in the court of Chief Judicial Magistrate, Ghazipur, shall remain stayed.
Order Date :- 14.6.2010 vks