Allahabad High Court
Ranjit Singh And Others vs State Of U.P.And Others on 4 February, 2010
Court No. - 49 Case :- APPLICATION U/S 482 No. - 34591 of 2009 Petitioner :- Ranjit Singh And Others Respondent :- State Of U.P.And Others Petitioner Counsel :- D.K. Tripathi Respondent Counsel :- Govt Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicants and the learned AGA for the State- respondent.
The present 482 Cr.P.C. petition has been filed for quashing the cognizance taken order dated 6.12.2008, passed by Judicial Magistrate-II, Basti, in case no.2659 of 2008, under Sections 419, 420, 406, 504, 506 IPC. It is contended by the learned counsel for the applicants that the allegation made against the applicants is that they had taken money from other persons including the respondent no.2 on the assurance that they shall be provide government job. It is argued on behalf of the applicants that the applicant no.1 is a respectable person and teaching in Shiv UCM Vidyalaya Usk (Kalhansh) Babhanan, Basti, applicant no.2 has also done his master degree and is presently appearing in Civil Services Examination, the daughter of application no.1 is studying in B.Sc. in Delhi University and the applicant no.3 is Ph.D. student and is also teaching in Thakur Hukum Singh, Kishan Post Graduate College, Bahraich. It is thus contended that the applicants are highly educated persons, and it cannot be imagined that they may provide provide any job to other persons. It is further contended that the applicants have been falsely implicated with ulterior motive, which is bad in law. It is next contended that the first information report was lodged against the applicants by filing an application under Section 156(3) Cr.P.C. It is further argued that when the first information report was lodged against the applicants, the applicants filed Criminal Misc. Writ Petition in which interim order was passed, copy of which has been filed as Annexures-3 and 4 respectively to the affidavit accompanying the present application. It is further contended on behalf of the applicants that before the interim order could be served upon the concerned Station House Officer, the applicant no.1 was arrested and, therefore, his local counsel had warned the Station House Officer for the consequences under the Contempt of Courts Act on which immediately subsequent thereto two NCRs. were registered and proceedings under Section 3(1) of U.P. Gangsters Act was drawn in which charge sheet was also filed, which was challenged by the applicant no.1 by way of filing Criminal Misc. Application No.34593 of 2009, in which the interim order was passed on 29.1.2010, photocopy of which has been produced before this Court, which is taken on record. Issue notices to opposite party no.2 returnable within four weeks. Steps be taken within one week.
Learned AGA prays for and is granted four weeks time to file 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 after expiry of the aforesaid period, before the appropriate Bench.
Till the next date of listing, no coercive action shall be taken against the applicant in the aforesaid case.
February 4, 2010 Hasnain