Allahabad High Court High Court

Rustam vs State Of U.P. And Another on 28 June, 2010

Allahabad High Court
Rustam vs State Of U.P. And Another on 28 June, 2010
Court No. - 40

Case :- APPLICATION U/S 482 No. - 21600 of 2010

Petitioner :- Rustam
Respondent :- State Of U.P. And Another
Petitioner Counsel :- K. M. Tripathi
Respondent Counsel :- Govt Advocate

Hon'ble Vinod Prasad,J.

Heard the learned counsel for the applicant and the learned AGA .

The applicant, through the present application under Section 482 Cr.P.C. have
invoked the inherent jurisdiction of this Court with the prayer that the order
dated 6.3.2010 and the proceedings of Complaint Case No. 7301 of 2009
(Chiraguddin Vs. Rustam), under Sections 504, 506 I.P.C., P.S. Robertsganj ,
District Sonbhadra pending in the court of Chief Judicial Magistrate,
Sonbhadra be quashed.

It is contended by the learned counsel for the applicant that the prosecution
was launched maliciously as a counter blast.

The applicant is directed to serve respondent No. 2 through RPAD within a
week from today. The respondent No. 2 as well as the learned AGA are
directed to file counter affidavit within three weeks.

List this case in the week commencing 16th August, 2010 before the
appropriate Court.

Till the next date of listing, further proceedings of the aforesaid Complaint
Case No. 7301 of 2009 (Chiraguddin Vs. Rustam), under Sections 504, 506
I.P.C., P.S. Robertsganj, District Sonbhadra pending in the court of Chief
Judicial Magistrate, Sonbhadra and the operation of the order dated 6.3.2010
shall remain stayed against the applicant.

Order Date :- 28.6.2010
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