Court No. - 54 Case :- APPLICATION U/S 482 No. - 22319 of 2010 Petitioner :- Niranjan Singh Respondent :- State Of U.P. & Another Petitioner Counsel :- Rajesh Ku. Srivastava Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Connect it with Criminal Misc. application no. 16155 of 2009 and list along
with aforesaid application.
Heard learned counsel for the applicant and learned A.G.A.
By means of the present application under section 482 Cr.P.C., the applicant
has invoked inherent jurisdiction of thsi court with the prayer to quash the
orders dated 18.6.2009 and 26.6.2009 passed by Civil Judge (J.D.)/ Judicial
Magistrate, Chakia, District Chandauli in Criminal case no. 386 of 2009
(State vs. Ram Dulari and others), under Sections 419, 420, 467, 468 I.P.C.,
P.S. Chakiya, District Chandauli.
Learned counsel for the applicant has submitted that no offence is disclosed
against the applicant from the perusal of material placed on the record. The
only allegation against him is that he has identified the persons who have
executed the sale deed, thus this case is distinguishable from the case of other
co-accused persons.
Learned A.G.A. has accepted notice on behalf of opposite party no. 1.
Issue notice to respondent no. 2 through R.P.A.D. returnable at an early date.
Learned A.G.A. as well as opposite party no.2 may file counter affidavit
within three weeks from the date of receipt of notice. Rejoinder affidavit may
be filed within two weeks’ thereafter.
List this case in the week commencing 12.10.2009 before the appropriate
Bench.
Till the next date of listing, no coercive action shall be taken against the
applicant in the aforesaid case.
Order Date :- 5.7.2010
F.H.