Court No. - 49 Case :- APPLICATION U/S 482 No. - 34358 of 2009 Petitioner :- Sandeep Respondent :- State Of U.P. And Others Petitioner Counsel :- N.S. Kushwaha Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicant/petitioner and the learned AGA for
the State-respondent.
The present 482 Cr.P.C. petitioner has been filed for quashing of the order
dated 14.10.2009 passed by the Chief Judicial Magistrate, Etah whereby the
application moved by the applicant under Section 156(3) Cr.P.C. has been
rejected.
It is contended by the learned counsel for the applicant that although the wife
of the applicant expired at Gurgaon but his minor daughter was allegedly
kidnapped by the private respondent nos.2 to 6 from his house at Etah for
which an application under Section 156(3) Cr.P.C. was moved which has
been dismissed by the order impugned on the ground that as the wife of the
applicant expired at Gurgaon, therefore, the Court at Gurgaon will have
jurisdiction. It is further contended by the learned counsel for the applicant
that the death of the wife of the applicant had no relation with the kidnapping
of his daughter, therefore, the order impugned is bad in law.
Learned AGA does not dispute the contentions as raised by learned counsel
for the applicant.
After hearing the learned counsel for the parties and after perusing the
submissions made in the petition, the order dated 14.10.2009, passed by Chief
Judicial Magistrate, Etah, is hereby set side. However, it is provided that if the
applicant/petitioner move fresh application before the Court below within one
month from today, the same shall be considered by the Court below, in
accordance with law, as expeditiously as possible.
With the aforesaid directions, the present petition is finally disposed of.
Order Date :- 25.1.2010
Hasnain