Court No. - 45 Case :- APPLICATION U/S 482 No. - 18895 of 2010 Petitioner :- Maya Davi Respondent :- State Of U.P. & Another Petitioner Counsel :- Awedesh Kumar Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Dayal Khare,J.
Connect this case with Criminal Misc. Application No. 18894 of 2010.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present application under Sections 482 Cr.P.C., has been filed for
quashing the proceedings of Special Case No. Nil of 2008 (State Vs. Dileep
Sharma), under Sections 323, 504, 506 I.P.C., and Section 3(1)(10) of SC/ST
Act, Police Station Sarai Aquil, District Kaushambi, pending before learned
Special Sessions Court (S.C.& S.T. Act), District Kaushambi,
It is contended by learned counsel for the applicant that in the present case, an
affidavit in support of the application under Section 482 Cr.P.C., has been
filed by the daughter of the opposite party no.2 and in paragraph 17 of the
said affidavit she has stated that no such incident as mentioned in the F.I.R.,
has taken place and it is thus, contended that no offence is made out under the
charged Sections and false F.I.R., has been lodged.
Issue notice to the opposite party no.2 returnable within a period of four
weeks. Steps be taken within a week.
Learned A.G.A. prays for and is granted four weeks’ time for filing counter
affidavit. Opposite party no.2 may also file counter affidavit within the same
period. As prayed by learned counsel for the applicant, two weeks’ thereafter
is granted for filing rejoinder affidavit.
List immediately after expiry of the aforesaid period before appropriate Court
along with aforesaid connected application.
Till the next date of listing, further proceedings of Special Case No. Nil of
2008 (State Vs. Dileep Sharma), under Sections 323, 504, 506 I.P.C., and
Section 3(1)(10) of SC/ST Act, Police Station Sarai Aquil, District
Kaushambi, pending before Special Sessions Court (S.C.& S.T. Act), District
Kaushambi, shall be kept in abeyance.
Order Date :- 23.7.2010
S.Ali