Court No. - 40 Case :- APPLICATION U/S 482 No. - 21634 of 2010 Petitioner :- Smt. Chandni And Others Respondent :- State Of U.P. And Another Petitioner Counsel :- Nasiruzzaman Respondent Counsel :- Govt Advocate Hon'ble Vinod Prasad,J.
Heard the learned counsel for the applicants and the learned AGA .
The applicants, through the present application under Section 482 Cr.P.C.
have invoked the inherent jurisdiction of this Court with the prayer that the
proceedings of case no. 2437 of 2009 (Mohd. Rahbar @ Raju Vs. Smt.
Chandni and others) and the summoning order dated 23.1.2010, under
Sections 323, 452, 504, 506 I.P.C., P.S. Ramgarh, Firozabad pending in the
court of Civil Judge (JD)/IInd ACJM, Firozabad be quashed.
It is contended by the learned counsel for the applicant that maliciously
prosecution has been launched only for the purpose of harassment and the
entire prosecution allegations are per se false.
The applicants are directed to serve respondent No. 2 through RPAD within a
week from today. The respondent No. 2 as well as the learned AGA are
directed to file counter affidavit within three weeks.
List this case in the week commencing 16th August, 2010 before the
appropriate Court.
Till the next date of listing, further proceedings of the aforesaid case no. 2437
of 2009 (Mohd. Rahbar @ Raju Vs. Smt. Chandni and others) and the
summoning order dated 23.1.2010, under Sections 323, 452, 504, 506 I.P.C.,
P.S. Ramgarh, Firozabad pending in the court of Civil Judge (JD)/IInd ACJM,
Firozabad shall remain stayed against the applicants.
Order Date :- 28.6.2010
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