Court No. - 40 Case :- APPLICATION U/S 482 No. - 21686 of 2010 Petitioner :- Sobrati And Others Respondent :- State Of U.P. And Another Petitioner Counsel :- Tariq Maqbool Khan 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
summoning order dated 27.10.2009, passed by II, Additional Civil Judge
(J.D.)/J.M. Kasia, District Kushinagar in respect of complaint case No. 174 of
2009 under Sections 147, 148, 323, 504, 506 I.P.C. (Dena Patel Vs. Sobrati
and others) be quashed.
It is contended by the learned counsel for the applicant that the prosecution
was launched with malafide intention and it is no injury case.
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 also
directed to file counter affidavit within three weeks.
List this case in the week commencing 16th August, 2010 before the
appropriate Bench.
Till the next date of listing, further proceedings of the complaint case No. 174
of 2009 under Sections 147, 148, 323, 504, 506 I.P.C. (Dena Patel Vs. Sobrati
and others) shall remain stayed against the applicants.
Order Date :- 28.6.2010
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