Court No. - 48 Case :- APPLICATION U/S 482 No. - 261 of 2010 Petitioner :- Chandra Pal And Others Respondent :- State Of U.P.And Others Petitioner Counsel :- K.D.Tiwari Respondent Counsel :- Govt. Advocate Hon'ble Surendra Singh,J.
Heard learned counsel for the applicant and the learned A.G.A. and perused
the material placed on the record.
The applicants by way of filing this application in terms of Section 482
Cr.P.C. has invoked inherent jurisdiction of this Court and sought to quash the
proceedings of Criminal Case No.165 of 2008 (State vs. Chandra Pal Jat and
others) arising out of case crime no.279 of 2008, under Sections 323, 504 and
506 IPC, and 3(1) (X) SC/ST Act, P.S. Kundarki, District Moradabad pending
in the Court of A.C.J.M., II, Moradabad.
It is contended on behalf of applicants by the learned counsel that the
applicants have been implicated in the present case on account of the fact that
the applicant No.1 had moved an application against the I.O. of the case Sri
Manoj Pandey, Circle Officer of Circle Bilari district Moradabad on
7.10.2008 to the higher police officer and on account of that he became
annoyed against the applicant and his both the sons and got this case
maliciously instituted.
Learned AGA has accepted notice on behalf of opposite party No.1.
Issue notice to opposite party nos.2 and 3 through RPAD returnable at an
early date.
Learned AGA as well as opposite party nos. 2 and 3 may file counter affidavit
within three weeks from the date of receipt of notice. Rejoinder affidavit may
be filed within two weeks thereafter.
List this case in the week commencing 15th March 2010 before appropriate
Bench.
Till the next date of listing, further proceedings in the aforesaid case shall
remain stayed. This case shall not be treated to be tied up with me.
Order Date :- 27.1.2010
SFH