Court No. - 40 Case :- APPLICATION U/S 482 No. - 21773 of 2010 Petitioner :- Surendra Singh And Others Respondent :- State Of U.P. And Another Petitioner Counsel :- Manoj Vashisth 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. has
invoked the inherent jurisdiction of this Court with the prayer that the entire
proceeding of complaint case no. 1197of 2009, under Sections 323, 504, 506
I.P.C., P.S. Medical, District Meerut, pending in the court of Additional
Chief Judicial Magistrate-Ist, District Meerut be quashed.
It is contended by learned counsel for the applicants that malafide
prosecution was launched without any medical examination and it is only for
the purpose of harassment by respondent no. 2.
The applicants are directed to serve respondent no. 2 through RPAD within a
week from today. Learned AGA as well as respondent No. 2 may file counter
affidavit within a period of 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 aforesaid complaint
case no. 1197of 2009, under Sections 323, 504, 506 I.P.C., P.S. Medical,
District Meerut, pending in the court of Additional Chief Judicial
Magistrate-Ist, District Meerut shall remain stayed against the applicants.
Order Date :- 28.6.2010
Naresh