Allahabad High Court
Ram Prasad Tiwari And Others vs State Of U.P.And Another on 4 February, 2010
Author: Rajesh Chandra
Bench: Rajesh Chandra
Court No. - 27 Case :- APPLICATION U/S 482 No. - 72 of 2010 Petitioner :- Ram Prasad Tiwari And Others Respondent :- State Of U.P.And Another Petitioner Counsel :- K.D. Tiwari,Narsingh Pandey Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Chandra,J.
This application under Section 482 Cr.P.C. has been filed with a prayer that the order dated 11.12.2009 passed by Judicial Magistrate IInd, Basti in Case No. 879/08 State Vs. Ram Prasad and others, under Section 419, 420, 467, 468, 471 I.P.C., P.S. Dubaliya, District Basti, may be quashed. It has further been prayed that the proceedings of the Lower Court may be stayed till the disposal of present application. The learned counsel for the applicant argued that vide order dated 02.12.2008 the applicants Daya Prashad, Ambika Prashad, Upendra and Jitendra Kumar were allowed to move discharge application through their counsel within 1 month from the date of the order. This period was further extended for 10 days vide order dated 19.03.2009. The applicants then moved an application through counsel for discharge on 26.03.2009 but that application was rejected by the Court vide order dated 11.12.2009 making an observations that the discharge application ought to have been filed within 30 days with effect from 02.12.2009. I considered over the matter.
The application is admitted.
Issue notice to the Opposite Party no. 2 returnable at an early date. The applicants are directed to take appropriate steps by registered post (A.D.) within a week. The Opposite Party no. 2 shall file the counter affidavit within 3 weeks after the service of the notice and thereafter the applicants may file the rejoinder affidavit with the next two weeks. Learned A.G.A. has already received the copy of the application and may file the counter affidavit if any in the intervening period. List thereafter, before the appropriate bench.
Till next date of listing the proceedings of the Lower Court in Case No. 879/08 State Vs. ram Prasad and Others, under Sections 419, 420, 467, 468, 471 I.P.C., P.S. Dubaliya, District Basti, shall remain stayed. Order Date :- 4.2.2010 Mustaqueem Ahmed