Allahabad High Court
Sanjay Yadav And Another vs State Of U.P. And Another on 7 January, 2010
Court No. - 54 Case :- APPLICATION U/S 482 No. - 33662 of 2009 Petitioner :- Sanjay Yadav And Another Respondent :- State Of U.P. And Another Petitioner Counsel :- Ram Niwas Singh,Vinay Kr. Singh Chandel Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present petition under Section 482 Cr.P.C. has been filed for quashing the summoning order dated 11.11.2009 passed by learned Judicial Magistrate, District Chandauli in Complaint Case No. 585 of 2009, under Sections 323, 504 I.P.C., and Section 3(1)X of SC/ST ACt, Police Station Kandhawa, District Chandauli.
It is contended by learned counsel for the applicants that the opposite party no.2 was in illegal occupation of the Gaon Sabha land and when he was removed from the said land by the applicant no.2, who is Gram Pradhan, on account of the aforesaid reason, the opposite party no.2 initiated the present proceedings which is bad in law.
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 applicants 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 applicants in the aforesaid case.
Order Date :- 7.1.2010 S.Ali