Court No. - 49 Case :- APPLICATION U/S 482 No. - 34626 of 2009 Petitioner :- Kranti Babu @ Kranti Kumar Yagik Respondent :- State Of U.P. & Another Petitioner Counsel :- Ram Sheel Sharma Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicant and learned A.G.A. for the State
respondent.
The present 482, Cr.P.C. application has been filed for quashing the
proceedings of criminal case no. 1402 of 2007 under Section 363, 366 IPC
pending before Chief Judicial Magistrate, Orai District Jalaun.
It is contended by the learned counsel for the applicant that the applicant had
married with the deponent Rakhi Yagik, who was major and both of them had
married out of their freewill. It is also contended that out of the said wedlock
one son has been born, photocopy of the birth certificate has been filed as
annexure-5 to the affidavit. It is further contended that the applicant and the
deponent both are living together as husband and wife, therefore, no offence
under the charged section is made out against the applicant.
Issue notice to the opposite party no. 2 returnable within four weeks. Steps be
taken within a week.
Learned A.G.A. prays for and is granted four weeks time to file counter
affidavit. The opposite party no.2 may also file counter affidavit within the
said period. As prayed by the learned counsel for the applicant one week
thereafter is granted for filing rejoinder affidavit.
List after expiry of the aforesaid period.
Till the next date of listing further proceedings of aforesaid shall be kept in
abeyance.
Order Date :- 29.1.2010
Ashish
