Court No. - 40 Case :- APPLICATION U/S 482 No. - 21892 of 2010 Petitioner :- Avan Kumar Awasthi And Another Respondent :- State Of U.P.And Another Petitioner Counsel :- Deepak Kumar Srivastava 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
entire proceeding of case no. 6159 of 2009, arising out of case crime no. 222
of 2008, under Sections 323, 504, 506 I.P.C., P.S. Jalalabad, District
Shahjahanpur pending in the court of .C.J.M.-Ist, Shahjahanpur be quashed.
It is contended by learned counsel for the applicants that the a proceeding
under section 498A is already pending in between the parties and in
remaining section the police without investigating the case, has charge
sheeted the applicants which is nothing but malafide.
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 23rd August, 2010 before the
appropriate Bench.
Till the next date of listing, further proceedings of the aforesaid case no. 6159
of 2009, arising out of case crime no. 222 of 2008, under Sections 323, 504,
506 I.P.C., P.S. Jalalabad, District Shahjahanpur pending in the court of
.C.J.M.-Ist, Shahjahanpur shall remain stayed against the applicants.
Order Date :- 30.6.2010
Naresh