Court No. - 54 Case :- APPLICATION U/S 482 No. - 34442 of 2009 Petitioner :- Neelam And Others Respondent :- State Of U.P.And Another Petitioner Counsel :- Anil Kr. Shukla Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicants and learned A.G.A. for the State
respondent.
The present 482,Cr.P.C. application has been filed for quashing the
proceedings of complaint case no. 1110 of 2009 under Section 380 IPC
pending before Chief Judicial Magistrate, Etah as well as summoning order
dated 59.2009.
It is contended by the learned counsel for the applicants that opposite party
no.2 is the husband of applicant no.1 and allegation against the applicants and
their family members is that they had committed theft of jewellery and cloths
of wife of complainant and also looted Rs. 10,000/- from the house of
opposite party no.2. It is next contended that no offence under the charged
section is made out against the applicants.
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 no coercive action shall be taken against the
applicants in the aforesaid case.
Order Date :- 4.1.2010
Ashish