Court No. - 49 Case :- APPLICATION U/S 482 No. - 34166 of 2009 Petitioner :- Upendra Singh Respondent :- State Of U.P.And Aother Petitioner Counsel :- Radhakrishn Yadav Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present petition under Section 482 Cr.P.C. has been filed for quashing the
proceedings of Case No. 2425 of 2006, under Sections 363, 366 I.P.C.,
Police Station Shikohabad, District Firozabad pending before learned Chief
Judicial Magistrate, IInd, Firozabad.
It is contended by learned counsel for the applicant that applicant and Smt.
Bobi who are major had solemnised marriage on 19.06.2006 and since then
they are living as husband and wife. It is further contended that from the
aforesaid wedlock one baby is also born. It is next contended that no offence
under the charged Sections is made out against the applicant.
Issue notice to the opposite party no.2 returnable within a period of four
weeks. Steps be taken within a week.
Learned A.G.A. prays for and is granted four weeks’ time for filing 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 immediately after expiry of the aforesaid period before appropriate Court.
Till the next date of listing, no coercive action shall be taken against the
applicant in the aforesaid case.
Order Date :- 13.1.2010
S.Ali