Court No. - 42 Case :- APPLICATION U/S 482 No. - 32941 of 2009 Petitioner :- Hemraj Respondent :- State Of U.P. & Another Petitioner Counsel :- Manu Saxena Respondent Counsel :- Govt. Advocate Hon'ble Rakesh Tiwari,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and
perused the record.
It has been argued by the counsel for the applicant that from the allegation
made by the opposite party no. 2, it appears that the applicant Hemraj who
was an Executive Officer in Nagar Palika Parishad, Gulawati, District-
Bulandshahar, presently posted at Nagar Palika Parishad- Dadri, District-
Gautam Budh Nagar had caught her hand. In the police report dated 23.9.2002
and 9.10.2002, appended as Annexures- 4 and 5, respectively, the said
complaint of opposite party no. 2 was found to be false. It also appears from
the said reports that the complaint was lodged as a counter-blast to her
suspension and other departmental proceedings by the opposite party no.2.
From perusal of the order dated 11.10.2002, Annexure-6 to this petition,
passed on the application filed under section 156 (3) Cr.P.C., it appears that
no case under SC/ST Act is made out.
The matter requires detailed hearing.
In the circumstances, after hearing learned counsel for the parties, the
petition is admitted.
Learned A.G.A. has accepted notice on behalf of respondent no. 1.
Issue notice to the opposite party no. 2. Notice will be made returnable at
an early date.
Learned A.G.A. may file a counter affidavit within six weeks. Rejoinder
affidavit may be filed within three weeks, thereafter. List after expiry of the
aforesaid period.
Till the next date of listing, further proceedings of Criminal Case No. 130
of 2006 (Smt. Mohini Devi Vs. Hemraj & others) shall remain stayed.
Order Date :- 12.1.2010
RCT/-