Allahabad High Court
Amiruddin And Others vs State Of U.P.And Another on 8 January, 2010
Court No. - 54 Case :- APPLICATION U/S 482 No. - 34006 of 2009 Petitioner :- Amiruddin And Others Respondent :- State Of U.P.And Another Petitioner Counsel :- Ali Hasan 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 proceedings of the Complaint Case No. 216 of 2008, under Section 379 I.P.C., pending before learned Judicial Magistrate,IInd, Gyanpur, Bhadohi.
It is contended by learned counsel for the applicants that from a bare perusal of the averments made in the complaint would reveal that the applicants have been falsely implicated in the present case. It is thus contended, that the applicants have been falsely prosecuted at the behest of the opposite party no.2 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 :- 8.1.2010 S.Ali