Court No. - 40 Case :- APPLICATION U/S 482 No. - 21782 of 2010 Petitioner :- Ganesh Ji Singh Respondent :- State Of U.P. And Another Petitioner Counsel :- Sikardar B. Kochar Respondent Counsel :- Govt Advocate Hon'ble Vinod Prasad,J.
Heard learned counsel for the applicant and learned A.G.A.
It is contended that the entire prosecution allegations are tainted with mala
fide. It is a glaring misuse of SC/ST Act.
Learned counsel for the applicant submitted that the statement of the first
informant is indicative of the aforesaid facts. No offence is made out and the
entire prosecution is vexatious.
Learned counsel for the applicant is directed to serve respondent no. 2 through
RPAD within a period of a week from today. Respondent no. 2 as well as
learned AGA may file a counter affidavit within three weeks. Learned counsel
for the applicant will have one week thereafter to file rejoinder affidavit.
List this case in the week commencing 16.08.2010 before the appropriate
Bench.
Till the next date of listing, further proceedings of Criminal Case No. 1854 of
2009 (Case Crime No. 172 of 2008), under Section 342, 504, 506 I.P.C. and
4(1)(X) SC/ST Act, Police Station-Audyogik Kshetra Naini, District-
Allahabad shall remain stayed against the applicant.
Order Date :- 29.6.2010
Sharad