Allahabad High Court High Court

Sanjay Bhardawaj And Others vs State Of U.P. on 12 July, 2010

Allahabad High Court
Sanjay Bhardawaj And Others vs State Of U.P. on 12 July, 2010
Court No. - 54

Case :- APPLICATION U/S 482 No. - 22740 of 2010

Petitioner :- Sanjay Bhardawaj And Others
Respondent :- State Of U.P.
Petitioner Counsel :- Sumit Goyal
Respondent Counsel :- Govt. Advocate

Hon'ble Vinod Prasad,J.

Heard learned counsel for the applicants and the learned A.G.A.
The applicants, through the present application under Section 482 Cr.P.C.
have invoked the inherent jurisdiction of this Court with the prayer that the
proceeding of complaint case no. 159 of 2009, under Sections 406, 420, 504
I.P.C., P.S. Kotwali, District Budaun pending in the court of learned Judicial
Magistrate-I, Bueaun be quashed.

It is contended by learned counsel for the applicants that husband has
launched a malicious prosecution against his brother-in-law only for the
purpose of harassment as an arm twisting device.
Issue notice to respondent No. 2 returnable within three weeks. Learned AGA
as well as respondent No. 2 may file counter affidavit within the aforesaid
period.

List this case in the week commencing 6.9.2010 before the appropriate Bench.
Till the next date of listing, further proceedings of the aforesaid complaint
case no. 159 of 2009, under Sections 406, 420, 504 I.P.C., P.S. Kotwali,
District Budaun shall remain stayed against the applicants.
Order Date :- 12.7.2010
F.H.