Court No. - 54 Case :- APPLICATION U/S 482 No. - 21943 of 2010 Petitioner :- Smt. Sarifunnisha And Others Respondent :- State Of U.P. And Another Petitioner Counsel :- Sriprakash Dwivedi Respondent Counsel :- Govt Advocate Hon'ble Vinod Prasad,J.
Heard learned counsel for the applicants and the learned A.G.A.
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
proceeding of complaint case no. 95/2009 (Mohd. Islam Vs. Sarifunnisha and
others), under Sections 406, 504, 506 I.P.C., P.S. Alinagar, District Chandauli
pending in the court of A.C.J.M., Chandauli be quashed.
It is contended by learned counsel for the applicants that a malicious
prosecution has been launched by the husband against the wife and her
relatives only for the purpose of harassment to save his skin from a
prosecution under Section 498-A I.P.C. and allied offences.
Issue notice to respondent No. 2 returnable within three weeks. Learned AGA
as well as respondent No. 2 may file counter affidavit within the aforesaid
period.
List this case in the week commencing 23.8.2010 before the appropriate
Bench.
Till the next date of listing, further proceedings of the aforesaid complaint
case shall remain stayed against the applicants.
Order Date :- 1.7.2010
AKG/-