Court No. - 25 Case :- APPLICATION U/S 482 No. - 1871 of 2010 Petitioner :- Tehsildar Singh And Others Respondent :- State Of U.P. And Another Petitioner Counsel :- K.K. Singh,A.K. Singh Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Chandra,J.
This application under Section 482 Cr.P.C. has been filed with a prayer that
the proceedings of complaint case no. 3546 of 2009 pending in the Court of
A.C.J.M., Court No. 19, Deoria may be quashed.
It has been further been prayed that till the disposal of the present application
the proceedings of the said case may be stayed.
Learned counsel for the applicants argued that the applicant Tehsildar had
lodged F.I.R. dated 7.4.2008 against Jagdish Singh (complainant of the
present case) and three others and in that case they are facing trial for the
offences under Sections 323, 452, 504, 506 and 427 I.P.C. It is further argued
that as a counterblast to that case ,a complaint was filed by Jagdish Singh
against the applicant on 5.5.2008 showing an incident dated 21.3.2008.
Learned counsel for the applicants further argued that in the present complaint
case the statements of the complainant Jagdish Singh and his witnesses were
recorded in which they have stated that the accused persons caused injury to
the complainant Atma Singh. However, the injury report of One Athar Ali has
been filed as documentary evidence and the Lower Court without applying its
mind to this fact summoned the applicants for those offences under Sections
323, 452, 504, 506 and 427 I.P.C.
I considered over the matter.
The application is admitted.
Issue notice to the opposite party no. 2 returnable at an early date.
The applicants will take steps by R.P.A.D. within a week.
The opposite party no. 2 may file the counter affidavit within three weeks
after the service of notice. The applicants may file rejoinder affidavit in two
weeks thereafter. The AGA may also file affidavit in the intervening period.
List thereafter before the appropriate Bench.
Till the next date of listing the proceedings of complaint case no. 3546 of
2009, Jagdish Singh Vs. Tehsildar Singh & others, under Sections 323, 452,
504, 506 and 427 I.P.C., P. S. Rampur Karkhana, District Deoria pending in
the Court of A.C.J.M., Court No. 19, Deoria shall remain stayed.
Order Date :- 25.1.2010
RS.