Court No. - 49 Case :- APPLICATION U/S 482 No. - 34617 of 2009 Petitioner :- Munna Sharma And Others Respondent :- State Of U.P. & Another Petitioner Counsel :- P. K. Singh Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicants and learned A.G.A. for the State
respondent.
The present 482, Cr.P.C. application has been filed for quashing the
proceedings of complaint case no. 2117 of 2008 under Section 498-A IPC and
Section 3/4 Dowry Prohibition Act, pending Judicial Magistrate III, Varanasi.
It is contended by the learned counsel for the applicants that the complainant
went to her parental house in June, 2003 and since then she is being
continuously residing at Varanasi. It is also contended that the applicant no.
1and his entire family has been falsely implicated by the opposite party no.2
in the year 2008 under the charged Sections, which in fact no such incident
took place at Varanasi. It is, thus, contended that court at Varanasi does not
have any jurisdiction. Learned counsel for the applicants has relied upon
judgment of this Court in the case of Anil Sharma and others Vs. State of U.P.
and others, reported in 2007(58) ACC 490, in support of his contention.
Issue notice to the opposite party no. 2 returnable within four weeks. Steps be
taken within a week.
Learned A.G.A. prays for and is granted four weeks time to file counter
affidavit. The opposite party no.2 may also file counter affidavit within the
said period. As prayed by the learned counsel for the applicant one week
thereafter is granted for filing rejoinder affidavit.
List after expiry of the aforesaid period.
Till the next date of listing no coercive action shall be taken against the
applicants in the aforesaid case.
Order Date :- 1.2.2010
Ashish