Allahabad High Court High Court

Sushil Kumar Singh vs State Of U.P. & Another on 6 July, 2010

Allahabad High Court
Sushil Kumar Singh vs State Of U.P. & Another on 6 July, 2010
Court No. - 54

Case :- APPLICATION U/S 482 No. - 22336 of 2010

Petitioner :- Sushil Kumar Singh
Respondent :- State Of U.P. & Another
Petitioner Counsel :- Dr. G.S.D.Mishra,Vindhyachal Singh
Respondent Counsel :- Govt. Advocate

Hon'ble Vinod Prasad,J.

Heard learned counsel for the applicant and the learned A.G.A.

The applicant, through the present application under Section 482 Cr.P.C. has
invoked the inherent jurisdiction of this Court with the prayer that the
proceeding of Crime No.212 of 2010, under Sections 504, 506 IPC and
Section 3(1) (X) of SC/ST Act, P.S. Kotwali Hathras, District Mahamaya
Nagar, pending in the court of C.J.M., Mahamaya Nagar as Criminal Case
No.1205 of 2010, State Vs. Smt. Hem Lata Singhal and another be quashed.
It is contended by learned counsel for the applicant that malicious prosecution
has been instituted only for the purposes of harassment.
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 6th September 2010 before the
appropriate Bench.

Till the next date of listing, further proceedings of the Crime No.212 of 2010,
under Sections 504, 506 IPC and Section 3(1) (X) of SC/ST Act, P.S. Kotwali
Hathras, District Mahamaya Nagar, pending in the court of C.J.M.,
Mahamaya Nagar as Criminal Case No.1205 of 2010, State Vs. Smt. Hem
Lata Singhal and another shall remain stayed against the applicant.
Order Date :- 6.7.2010
RK