Court No. - 54 Case :- APPLICATION U/S 482 No. - 34444 of 2009 Petitioner :- Bhupesh Kumar Respondent :- State Of U.P. And Another Petitioner Counsel :- Arvind Kr. Pandey,Abhishek Shukla Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicant and the learned AGA for the State-
respondent.
The present 482 Cr.P.C. petition has been filed for quashing the charge sheet
dated 19.3.1998, in case crime no.557 of 1998 filed in the Court of Judicial
Magistrate-I, District Budaun, in criminal case no.825 of 2002 under Section
3/7 Essential Commodities Act, as well as for quashing the further
proceedings of criminal case no.825 of 2002, pending before the Judicial
Magistrate-I, District Budaun.
It is contended by the learned counsel for the applicant that there is gross
violation of the Government Order dated 30.1.2001, copy of which has been
filed as Annexure-3 to the affidavit accompanying the present application. It
is further contended that subsequent the order of the Secretary dated
12.6.2002, copy of which has been produced before this Court, which has
been taken on record, takes note of the aforesaid Government Order and it
contains recital to the effect that the aforesaid government order dated
30.1.2001 will be suitable amended. It is thus contended that filing of the
charge sheet is bad in law.
Issue notices to opposite party no.2 returnable within four weeks. Steps be
taken within one week.
Learned AGA prays for and is granted four weeks time to file counter
affidavit. Opposite party no.2 may also file counter affidavit within the same
period. As prayed by learned counsel for the applicant, two weeks thereafter
is granted for filing rejoinder affidavit. List after expiry of the aforesaid
period, before the appropriate Bench.
Till the next date of listing, no coercive action shall be taken against the
applicant in the aforesaid case.
Order Date :- 5.1.2010
Hasnain