Allahabad High Court High Court

Khemai And Others vs State Of U.P. & Another on 11 August, 2010

Allahabad High Court
Khemai And Others vs State Of U.P. & Another on 11 August, 2010
Court No. - 54

Case :- APPLICATION U/S 482 No. - 25986 of 2010

Petitioner :- Khemai And Others
Respondent :- State Of U.P. & Another
Petitioner Counsel :- Vijay Kumar Pandey
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
proceeding of criminal complaint case no. 4102/2009 (Khaderu Vs. Khemai
and others), under Sections 323, 504, 506, 147 I.P.C., P.S. Newarhia, District
Jaunpur pending in the court of Additional Civil Judge (S.D.) First, Court No.
13, Jaunpur be quashed.

It is contended by learned counsel for the applicants that just as a pressure
tactics, a false case has been lodged implicating the applicants only for the
purpose of harassment because respondent no. 2 had earlier assaulted the
applicants’ side and had caused injuries.

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 8.11.2010 before the appropriate
Bench.

Till the next date of listing, further proceedings of the aforesaid complaint
case shall remain stayed against the applicants.
Order Date :- 11.8.2010
AKG/-