Court No. - 51 Case :- APPLICATION U/S 482 No. - 30312 of 2009 Petitioner :- Noorul Hasan And Others Respondent :- State Of U.P. And Another Petitioner Counsel :- Ali Akbar Ansari Respondent Counsel :- Govt.Advocate Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicants, learned AGA and perused the
record.
It is submitted by learned counsel for the applicants that they are innocent
and have been falsely implicated. He further submits that the FIR was lodged
against Ahmad Ali from the side of the applicants wherein it was mentioned
that the applicants’ side has received injuries. He further submits that the
charge sheet has already been filed in the said matter. He further submits as a
counter blast, with malafide intention, to harass and victimise the applicant an
application under Section 156 (3) CrPC was filed and, consequently, FIR was
registered against the applicants, however, final report, in this matter, was
filed by the Investigating Officer. Thereafter, a protest petition was filed by
the complainant and the matter was registered as a complaint case. However,
the said complaint was dismissed by the trial court and the complainant filed a
revision against the said order, and the revisional court by order dated 3.6.09
remanded the matter back to the trial court.
The matter requires consideration.
Issue notice to opposite party No. 2 returnable at an early date. He may file
counter affidavit within six weeks.
Notice on behalf of the opposite party No. 1 has been accepted by the learned
AGA.
In the meantime, learned AGA may also file counter affidavit.
List this matter in the 1st week of May, 2010 before the regular Court.
This matter shall not be treated as tied up or part heard with this Bench.
Until further orders of this Court, further proceedings of Case No. 2114 of
2009, Ahmad Ali Vs. Noorul Hasan and others, Crime No. 157 of 1996,
pending in the Court of ACJM, Moradabad, under Sections 415, 147, 148,
323, 324, 524, 506, 452, 336 IPC,Police Station Bhagatpur, District
Moradabad shall remain stayed.
Order Date :- 4.2.2010
vinay