Court No. - 53 Case :- APPLICATION U/S 482 No. - 25638 of 2010 Petitioner :- Pradeep Alias Banti And Others Respondent :- State Of U.P. & Another Petitioner Counsel :- J.N.Singh,Arimardan Singh Respondent Counsel :- Govt. Adovcate Hon'ble Shri Kant Tripathi,J.
This is a petition under section 482 of the Code of Criminal Procedure
for quashing the proceeding of Complaint Case No.2444 of 2010
(Gajraj Singh v Pradeep alias Banti & others) under sections 494 and
120-B IPC, P.S. Eka, District Firozabad.
Heard learned counsel for the applicants and the learned AGA for the
respondent no. 1 and perused the record.
The learned counsel for the applicants submitted that from the
allegations made in the complaint and the materials brought on record
no prima facie case under sections 494 and 120-B IPC is made out
against the applicants. The learned counsel for the applicants further
submitted that the applicant nos. 2 to 9 have been falsely implicated.
Keeping in view the facts and circumestances of the case a prime facie
case is made out against the applicant no. 1 Pradeep alias Banti.
Therefore, the petition of applicant no. 1 Pradeep alias Banti is
dismissed.
However, notice on behalf of respondent no.1 has been accepted by the
learned AGA. Issue notice to respondent no.2 by registered post for
which necessary steps may be taken within two days.
Counter affidavit if any may be filed within four weeks and rejoinder
affidavit, if any, within two weeks thereafter.
List immediately after expiry of the aforesaid period.
Till the next date of listing no coercive process shall be issued and
executed against the applicant nos. 2 to 9, Surendra Singh, Smt. Pushpa
Devi, Shyam Singh, Dharamvir Singh, Mahipal Singh, Smt. Munni
Devi, Km. Munni Devi, Km. Rubi and Abraj respectively, in the
aforesaid case.
Order Date :- 10.8.2010
shailesh