Allahabad High Court
Muneshwar Dutt Shukla vs State Of U.P. And Another on 18 January, 2010
Author: Ashok Kumar Roopanwal
Bench: Ashok Kumar Roopanwal
Court No. - 27 Case :- APPLICATION U/S 482 No. - 33992 of 2009 Petitioner :- Muneshwar Dutt Shukla Respondent :- State Of U.P. And Another Petitioner Counsel :- Pankaj Dwivedi Respondent Counsel :- Govt.Advocate Hon'ble Ashok Kumar Roopanwal,J.
It has been argued by Mr. Pankaj Dwivedi, learned counsel for the applicant that even if all the allegations mentioned in the FIR and the evidence collected by the I.O. be accepted as true on their face value no offence whatsoever can be made out under Section 406 or 409, IPC and therefore, the submission of charge sheet is nothing but abuse of the process of the court.
Issue notice to O.P. No.2 to file counter affidavit within 2 weeks'. Rejoinder affidavit, if any, may be filed within 1 week thereafter.
List thereafter.
Till then, further proceedings of criminal case no.872/08 arising out of case crime no.755/07, under Section 409, IPC, P.S. Achnera, District Agra, pending before the Additional Chief Judicial Magistrate XIIIth Agra shall remain stayed.
Order Date :- 18.1.2010 T. Sinha