Court No. - 52 Case :- APPLICATION U/S 482 No. - 30496 of 2009 Petitioner :- Gopal Chandra Sharma Respondent :- State Of U.P. And Another Petitioner Counsel :- H.S. Srivastava,Nikhil Srivastava Respondent Counsel :- Govt.Advocate Hon'ble Arvind Kumar Tripathi,J.
This Criminal Misc. Application under Section 482 Cr.P.C.
has been filed with the prayer to allow this application and
stay the proceeding arising out case crime no. 1401 of
2008, Sunil Kumar Vs. Gopal Sharma is pending in Court of
A.C.J.M. IInd Bareilly dated 18.9.2009, under Section 323,
504, 506, 307 IPC, P.S. Sahi, DistrictBareilly.
Heard learned counsel for the applicant, learned AGA and
perused the record.
Learned counsel for the applicant submitted that the case
was filed under Section 138 Cr.P.C. of the Negotiable
Instrument Act, in which the opposite party no. 2 was
summoned. When on the basis of false and concocted
story, without injury report, an application was moved under
Section 156(3) Cr.P.C. on which the learned Magistrate
proceeded as a complaint case. The applicant is retired
person, who is aged about more than 62 years and the
opposite party no. 2 is historysheeter. The action was taken
against him under U.P. Control of Goondas Act also.
Issue notice to opposite party no. 2 returnable at an early
date.
Till the next date of listing, further proceeding in case crime
no. 1401 of 2008, Sunil Kumar Vs. Gopal Sharma is
pending in Court of A.C.J.M. IInd Bareilly dated 18.9.2009,
under Section 323, 504, 506, 307 IPC, P.S. Sahi, District
Bareilly, shall remain stayed.
List after six weeks, before a regular court.
Order Date :- 6.1.2010
ANT