Court No. - 49 Case :- APPLICATION U/S 482 No. - 34209 of 2009 Petitioner :- Harsh Garg And Another Respondent :- State Of U.P.And Another Petitioner Counsel :- H.C. Mishra Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicants and the learned AGA for the State-
respondent.
The present 482 Cr.P.C. petition has been filed for quashing the proceedings
of criminal case no.5692 of 2009, under Sections 420, 467, 468, 471 IPC,
pending before the Chief Judicial Magistrate, Bijnor as well as for quashing of
the charge sheet dated 25.6.2009.
It is contended by the learned counsel for the applicants that the opposite
party no.2 approached the applicants for renewing his Insurance Policy which
was done by the applicants and the opposite party no.2 assured that the
insurance premium amount shall be sent on the next date. However, no
amount has been deposited by the opposite party no.2 and thereafter the
applicants have sent a letter dated 27.1.2009 to the opposite party no.2 for
depositing the same but still it was not deposited and thereafter the opposite
party no.2 has initiated present criminal proceedings, which is bad in law.
Issue notices to opposite party no.2 returnable within four weeks. Steps be
taken within one week.
Learned AGA prays for and is granted four weeks time to file counter
affidavit. Opposite party no.2 may also file counter affidavit within the same
period. As prayed by learned counsel for the applicants, two weeks thereafter
is granted for filing rejoinder affidavit. List after expiry of the aforesaid
period, before the appropriate Bench.
Till the next date of listing, no coercive action shall be taken against the
applicants in the aforesaid case.
Order Date :- 18.1.2010
Hasnain