Court No. - 45 Case :- APPLICATION U/S 482 No. - 2790 of 1994 Petitioner :- Raj Mohan Gupta Respondent :- State Of U.P.& Another Petitioner Counsel :- Rajendra Tewari Respondent Counsel :- A.G.A. Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicant and the learned AGA for the State-
respondent.
The present 482 petition has been filed for quashing of the criminal case
no.96 of 1994 State Vs. Raj Mohan and others, under Sections 323, 504 IPC
and Section 3(1)(x) of SC ST Act, pending before the Additional Sessions
Judge-II, Bareilly.
This Court vide order dated 22.4.1994 had issued notices to the opposite party
no.2 and further proceedings of case no.96 of 1994, under Sections 323, 504
IPC and Section 3(1)(x) of SC ST Act, pending before the Additional
Sessions Judge-II, Bareilly, has been stayed.
Report of the police station concerned shows that notice has been served upon
the opposite party no.2 but till date no counter affidavit has been filed.
It is contended by the learned counsel for the applicant that no offence under
the SC ST Act is made out against the applicant. It is further contended that
the applicant is Doctor by profession and belongs to a respectable family and
he has been falsely implicated in the present case.
After hearing the learned counsel for the applicant and the learned AGA as
well as after going through the averments made in the present application, it is
provided that if the applicant moves an appropriate application before the
Court below for discharge, the same shall be considered and decided by the
Court below as expeditiously as possible, in accordance with law, after
hearing the parties.
Unless credible evidence against the applicant exists on record, no coercive
action shall be taken against the applicant.
With the aforesaid directions, the present 482 petition is finally disposed of.
Order Date :- 4.8.2010
Hasnain