Court No. - 49 Case :- APPLICATION U/S 482 No. - 34127 of 2009 Petitioner :- Smt. Asha Devi Respondent :- State Of U.P.And Another Petitioner Counsel :- Sanjay Kumar Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicant and learned A.G.A. for the State
respondent.
The present 482, Cr.P.C. application has been filed for quashing the
proceedings of protest petition no. 10 of 2009 under Section 379, 411 IPC
pending before Judicial Magistrate I, Gorakhpur.
It is contended by the learned counsel for the applicant that the criminal
complaint was filed against opposite party no.2 by sister-in-law of applicant,
Smt. Barsati, in which summons were issued to the opposite party no. 2. It is
also contended that as a counter blast opposite party no.2 lodged false first
information report alleging that the crops of the land in question has been cut
away by the applicant inspite of the fact that civil suit is pending between the
parties. After investigation, the Investigating Officer submitted final report,
against which protest petition was filed by the opposite party no.2, which has
been treated to be complaint case and statement under Section 200 and 202,
Cr.P.C. has been recorded, in which applicant has been summoned. It is next
contended that the criminal prosecution of the applicant is bad in law.
Issue notice to the opposite party no.2 returnable within four weeks. Steps be
taken within a week.
Learned A.G.A. prays for and is granted four weeks time to file counter
affidavit. The opposite party no. 2 may also file counter affidavit within the
said period. As prayed by the learned counsel for the applicant one week
thereafter is granted for filing rejoinder affidavit.
List after expiry of the aforesaid period.
Till the next date of listing no coercive action shall be taken against the
applicant in the aforesaid case.
Order Date :- 13.1.2010
Ashish