Court No. - 54 Case :- APPLICATION U/S 482 No. - 34480 of 2009 Petitioner :- Mohammad Mustqeem Respondent :- State Of U.P. And Another Petitioner Counsel :- Amit Kr. Srivastava Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present petition under Section 482 Cr.P.C. has been filed for quashing the
proceedings of Case No. 1720 of 2008, arising out of Case Crime No. 700 of
2008, under Sections 419, 420, 467, 468, 471, 120B, 406 I.P.C., Police
Station Civil Lines, District Moradabad, pending before learned Judicial
Magistrate, District Moradabad.
It is contended by learned counsel for the applicant that a person
impersonating the applicant and by playing fraud and by such impersonation
loan was obtained by the bank, without any knowledge of the applicant. It is
further contended that no offence is made out against the applicant under the
charged Sections. It is next contended that the applicant has been falsely
implicated and it was Mohd. Aslam who impersonated the applicant as Mohd.
Mustaqeem in the bank.
Issue notice to 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.
Till the next date of listing, no coercive action shall be taken against the
applicant in the aforesaid case.
Order Date :- 4.1.2010
S.Ali