Allahabad High Court
Mitloo @ Ramashish And 2 Ors vs State Of U.P. And Anr on 7 February, 2020
Author: Ajit Singh
Bench: Ajit Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 84 Case :- APPLICATION U/S 482 No. - 5544 of 2020 Applicant :- Mitloo @ Ramashish And 2 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Anand Priya Singh Counsel for Opposite Party :- G.A. Hon'ble Ajit Singh,J.
Heard learned counsel for the applicants and learned A.G.A.
The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Case No. 2594 of 2018 ( State Vs. Azad and others), arising out of Case Crime No. 416 of 2017, under Sections 323, 504, 506, 452 IPC, P.S.- Pipraich, District Gorakhpur pending before the Court of Judicial Magistrate - Ist, Gorakhpur.
The learned counsel for applicants submits that present applicants are neither seller nor purchaser of the property in question and the applicants have been falsely implicated. It was further submitted that another Bench of this Court has already stayed the further proceedings in respect of co-accused persons, vide order dated 07.01.2020, in Application under Section 482 No. 45566 of 2019 (Smt. Sewati Devi and 6 others Vs. State of U.P. and another) and submitted a copy of the said order, which is taken on record.
In view of the above, the matter requires consideration.
Notice on behalf of State has already been accepted by learned AGA.
Issue notice to opposite party No. 2.
Four weeks' time is allowed to file counter affidavit and two weeks' time thereafter is given to file rejoinder affidavit, if any.
Connect and list along with Application under Section 482 No. 45566 of 2019 (Smt. Sewati Devi and 6 others Vs. State of U.P. and another).
Till the next date of listing before appropriate Court, the further proceedings in the aforesaid Case No. 2594 of 2018 ( State Vs. Azad and others), arising out of Case Crime No. 416 of 2017, under Sections 323, 504, 506, 452 IPC, P.S.- Pipraich, District Gorakhpur pending before the Court of Judicial Magistrate - Ist, Gorakhpur, shall remain stayed.
Order Date :- 7.2.2020 LBY