Allahabad High Court
Smt. Uma Devi vs State Of U.P.And Another on 8 January, 2010
Court No. - 54 Case :- APPLICATION U/S 482 No. - 34223 of 2009 Petitioner :- Smt. Uma Devi Respondent :- State Of U.P.And Another Petitioner Counsel :- Jai Singh Yadav Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present petition under Section 482 Cr.P.C. has been filed for quashing the proceedings of the Complaint Case No. 413 of 2008, under Section 406 I.P.C., pending before learned Judicial Magistrate, Orai, District Jalaun as well as for quashing of the summoning order dated 13.10.2009 issued against the applicant.
It is contended by learned counsel for the applicant that the applicant was married with the son of the opposite party no.2 against whom the applicant initiated the proceedings under Section 125 Cr.P.C., in which, maintenance of Rs. 1000/- per month has been awarded by an order dated 23.01.2009, copy of which is annexed as Annexure-5 to the petition. It is thus, contended that as a counter blast, the present proceedings has been initiated against the applicant at the behest of the opposite party no.2 which is nothing but gross misuse of the process of Court.
Issue notice to opposite party no.2 returnable within a period of four weeks. Steps be taken within a week.
Learned A.G.A. prays for and is granted four weeks' time for filing counter affidavit. Opposite party no.2 may also file counter affidavit within the same period. As prayed by learned counsel for the applicant two weeks' thereafter is granted for filing rejoinder affidavit.
List immediately after expiry of the aforesaid period.
Till the next date of listing, no coercive action shall be taken against the applicant in the aforesaid case.
Order Date :- 8.1.2010 S.Ali