Allahabad High Court
Ram Prasad Mishra And Others vs State Of U.P. And Another on 28 June, 2010
Author: Vinod Prasad
Bench: Vinod Prasad
Court No. - 40 Case :- APPLICATION U/S 482 No. - 21696 of 2010 Petitioner :- Ram Prasad Mishra And Others Respondent :- State Of U.P. And Another Petitioner Counsel :- K. K. Dwivedi Respondent Counsel :- Govt Advocate Hon'ble Vinod Prasad,J.
Heard learned counsel for the applicant and the learned A.G.A.
The applicant, through the present application under Section 482 Cr.P.C. has invoked the inherent jurisdiction of this Court with the prayer that the entire criminal proceeding of complaint case no. 2309/2009, under Sections 465, 467, 468, 471, 474, 323, 504, 506 I.P.C., P.S. Bah, District Agra pending in the court of Judicial Magistrate, Fatehabad, District Agra, be quashed. It is contended by learned counsel for the applicant that this case is purely civil in nature and has been launched only for the purpose of harassment with malafide intention.
The applicants are directed to serve respondent no. 2 through RPAD within a week from today. Learned AGA as well as respondent No. 2 may file counter affidavit within a period of three weeks.
List this case in the week commencing 16th August, 2010 before the appropriate Bench.
Till the next date of listing, further proceedings of the aforesaid Complaint case no. 2309/2009, under Sections 465, 467, 468, 471, 474, 323, 504, 506 I.P.C., P.S. Bah, District Agra pending in the court of Judicial Magistrate, Fatehabad, District Agra, shall remain stayed against the applicants. Order Date :- 28.6.2010 Naresh