Court No. - 27 Case :- APPLICATION U/S 482 No. - 1165 of 2010 Petitioner :- Jagdish Singh Respondent :- State Of U.P. And Another Petitioner Counsel :- R.S. Chauhan 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 Charge Sheet No. 446/2009, in connection with
the case no. 4377/IX/2009 (State Vs. Satyendra Singh Gaur & others)
arising out of case crime no. 710/09, under Section 420 I.P.C., P.S.
Kotwali Banda(city), District Banda, pending before Chief Judicial
Magistrate, Banda, may be quashed. It has further been prayed that till
the disposal of the present application the proceedings of the said case
may be stayed.
The learned counsel for the applicant argued that in the F.I.R., it has
been mentioned that the students are being imparted education by the
unqualified teachers and these allegations do not make out a case of
cheating.
I consider over the matter. The application is admitted.
Issue notice to the Opposite Party no. 2 returnable at an early date.
The applicant is directed to take appropriate steps by registered post
(A.D.) within a week. The Opposite Party no. 2 shall file the counter
affidavit within 3 weeks after the service of the notice and thereafter
the applicants may file the rejoinder affidavit with the next two weeks.
Learned A.G.A. has already received the copy of the application and
may file the counter affidavit if any in the intervening period.
List thereafter, before the appropriate bench.
The proceedings of Charge Sheet No. 446/2009, in connection with the
case no. 4377/IX/2009 (State Vs. Satyendra Singh Gaur & others)
arising out of case crime no. 710/09, under Section 420 I.P.C., P.S.
Kotwali Banda(city), District Banda, pending before Chief Judicial
Magistrate, Banda, shall remain stayed till next date of listing.
Order Date :- 2.2.2010
Mustaqueem Ahmed