Court No. - 18 Case :- U/S 482/378/407 No. - 3157 of 2010 Petitioner :- Girdhari Pandey And 8 Others Respondent :- State Of U.P. And Another Petitioner Counsel :- Prabhakar Tiwari Respondent Counsel :- Govt. Advocate Hon'ble S.N.H. Zaidi,J.
Heard learned counsel for the petitioner, learned A.G.A. for
opposite party no.1 and perused the record.
By means of this petition filed under section 482 Cr.P.C. the
petitioners have challenged the order dated 17.5.2010 passed by
Chief Judicial Magistrate, Ambedkar Nagar in Complaint Case
No. 829 of 2010 whereby the petitioners have been summoned for
trial under section 323, 364, 506 IPC and prayed for its quashment.
The submissions of learned counsel for the petitioners are that the
complaint has admittedly been filed after 3-4 years of the alleged
incident of the missing of complainant’s son. It is also submitted
that there is no evidence, whether direct or circumstantial on the
basis of which offence of section 364 IPC can be said to have
prima facie made out against the petitioners. Learned counsel has
referred to the complaint and statements of the complainant and
her witnesses recorded under section 200 and 202 Cr.P.C.
Issue notice to opposite party no.2 returnable at an early date.
Counter affidavit may be filed within four weeks. Rejoinder
affidavit, if any, may be filed within two weeks, thereafter.
List after expiry of the aforesaid period.
Till the next date of listing further proceedings in Complaint Case
No. 829 of 2010 (Sushila Devi Vs. Girdhari Pandey and others)
pending in the Court of Chief Judicial Magistrate, Ambedkar
Nagar, shall remain stayed.
Order Date :- 11.8.2010
Muk