Allahabad High Court
Smt. Savitri Devi And Another vs State Of U.P.And Another on 13 January, 2010
Court No. - 49 Case :- APPLICATION U/S 482 No. - 34077 of 2009 Petitioner :- Smt. Savitri Devi And Another Respondent :- State Of U.P.And Another Petitioner Counsel :- Bharat Prataap Singh 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 Case No. 826 of 2--9 (Smt. Sukhrani v Chandra Prakash & others) under Sections 420, 504 and 506 IPC, PS Banna Devi, District Aligarh pending before the Additional Chief Judicial Magistrate, Court No. 8, Aligarh .as well as for quashing the summoning order dated 23.11.2009 whereby applicants have been summoned to face trial under the charged Sections.
It is contended by learned counsel for the applicants that the matter is of civil nature in which civil proceedings are pending for consideration before the Civil Judge (Senior Division), Aligarh and thus civil litiation has been dragged into criminal prosecution of the applicants at the behest of the opposite party no. 2, which is nothing but gross misuse of the process of Court.
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 :- 13.1.2010 shailesh